Lowery v. National Transportation Safety Board, et al

Filing 35

ORDER signed by Senior Judge William B. Shubb on 10/13/16 ORDERING that defendants' request to seal the Cunningham Declaration at Docket Number [32-3] is GRANTED. (Kastilahn, A)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 14 15 16 17 18 JOHN M. LOWERY, CIV. NO. 2:15-01590 WBS DB Plaintiff, ORDER RE: REQUEST TO SEAL v. Hon. Christopher A. Hart, Chairman, NATIONAL TRANSPORTATION SAFETY BOARD; And Loretta E. Lynch, Attorney General, UNITED STATES DEPARTMENT OF JUSTICE Defendants. 19 20 ----oo0oo---- 21 Plaintiff John M. Lowery brought this action against 22 23 24 25 26 27 28 the Chairman of the National Transportation Safety Board and the Attorney General of the United States Department of Justice asserting violations of the Freedom of Information Act, 5 U.S.C. § 552. Presently before the court is defendants’ request to seal in connection with their motion for summary judgment. No. 34.) 1 (Docket 1 Defendants move to seal the Cunningham Declaration, 2 Docket Number 32-3, on the ground that defendants inadvertently 3 included unredacted copies of documents containing plaintiff’s 4 identifying information. 5 version of the declaration. 6 information is plaintiff’s date of birth and Social Security 7 number in Exhibits 9, 12, and 21. 8 9 Defendants have submitted a redacted (Docket No. 33.) The only redacted (Id. Exs. 9, 12, 21.) While a party seeking to seal a judicial record bears the burden of overcoming a strong presumption in favor of public 10 access, defendants meet this presumption here. 11 & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). 12 Rule 140 permits parties to seal Social Security numbers and 13 dates of birth. 14 information is not relevant to the dispute, so the public does 15 not have an interest in this information. 16 interest in keeping this information private and defendants 17 submitted a redacted declaration. 18 grant defendant’s motion to seal Docket Number 32-3. 19 Kamakana v. City E.D. Cal. L.R. 140(a)(iii)-(iv). Local This The parties have an Accordingly, the court will IT IS THEREFORE ORDERED that defendants’ request to 20 seal the Cunningham Declaration at Docket Number 32-3 be, and the 21 same hereby is, GRANTED. 22 Dated: October 13, 2016 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?