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)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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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.

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Plaintiff John M. Lowery brought this action against

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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.)
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(Docket

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Defendants move to seal the Cunningham Declaration,

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Docket Number 32-3, on the ground that defendants inadvertently

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included unredacted copies of documents containing plaintiff’s

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identifying information.

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version of the declaration.

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information is plaintiff’s date of birth and Social Security

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number in Exhibits 9, 12, and 21.

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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

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access, defendants meet this presumption here.

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& County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

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Rule 140 permits parties to seal Social Security numbers and

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dates of birth.

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information is not relevant to the dispute, so the public does

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not have an interest in this information.

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interest in keeping this information private and defendants

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submitted a redacted declaration.

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grant defendant’s motion to seal Docket Number 32-3.

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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

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seal the Cunningham Declaration at Docket Number 32-3 be, and the

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same hereby is, GRANTED.

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Dated:

October 13, 2016

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