Anderson v. Virga et al

Filing 154

ORDER signed by Chief District Judge Kimberly J. Mueller on 8/1/2022 GRANTING 153 Request to Seal 151 Objections to Findings and Recommendations. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Eric Anderson,

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No. 2:15-cv-01148-KJM-JDP (PC)
Plaintiff,

ORDER

v.
Tim Virga, et al.,
Defendants.

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The court closed this case based on a stipulation for dismissal between the parties. ECF

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No. 145. Nonetheless, plaintiff later moved for a preliminary injunction and the assigned

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magistrate judge issued findings and recommendations. Findings and Recommendations, ECF

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No. 150. The plaintiff filed objections. Obj., ECF No. 151. The court adopted the findings and

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recommendations and denied the motion. Order, ECF No. 152. Plaintiff now requests the court

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seal his objections, given that they contain information that he says could put him at risk and that

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he did not understand would be filed on the public docket. Req. to Seal, ECF No. 153.

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There is a strong presumption in favor of public access to court records. See Phillips v.

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Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir.2002). However, “access to judicial records is

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not absolute.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir.2006). The

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Ninth Circuit has distinguished between the public's interest in accessing court records filed in
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connection with nondispositive and dispositive motions. See Phillips, 307 F.3d 1206; Foltz v.

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State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir.2003); Kamakana, 447 F.3d at 1172; In re

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Midland Nat’l Life Ins. Co., 686 F.3d 1115, 1119 (9th Cir.2012).

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For a non-dispositive motion, such as the underlying motion for preliminary injunctive

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relief, “a particularized showing, . . . under the good cause standard of Rule 26(c) will suffice[ ] to

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warrant” sealing. Kamakana, 447 F.3d at 1180 (internal quotation marks and citation omitted)

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(alteration in original). As noted, plaintiff represents he did not know his court filing was made

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public; he says the information he disclosed could “jeopardize ongoing investigations.” Req. to

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Seal at 1. Given that the information in the objections is entirely unrelated to plaintiff’s initial

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claims or any dispositive filing, see Findings and Recommendations at 2, and the public nature of

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his objections may place plaintiff at an increased risk the court finds there is good cause to seal

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his objections.

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The court grants the request to seal (ECF No. 153). The Clerk of Court is directed to seal
the objections (ECF No. 151).
IT IS SO ORDERED.
DATED: August 1, 2022.

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