Olson v. Slote et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/16/2020 ORDERING the Clerk to file on the docket plaintiff's objections to the 9/25/2020 findings and recommendations. Plaintiff's request to seal is denied. Within seven days, plaintiff may file a properly-supported request to seal. She is not obligated to do so. If plaintiff does not file a renewed request to seal with seven days, the Clerk shall then return to plaintiff her declaration. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KIMBERLY R. OLSON,

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Plaintiff,

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No. 2:16-cv-956-KJM-EFB PS

v.

ORDER

PATRICIA SLOTE, et al.,

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Defendants.

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On September 25, 2020, the court recommended plaintiff’s first amended complaint be

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dismissed without leave to amend pursuant to 28 U.S.C. § 1915(e)(2).1 The clerk’s office timely

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received objections to the findings and recommendations. Plaintiff also submitted a declaration

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that states “File Under Seal.” The court construes this statement as a request by plaintiff to file

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her declaration under seal. Because plaintiff has not complied with the rules for a request to file

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documents under seal it must be denied.

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Courts have recognized “a general right to inspect and copy public records and

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documents, including judicial records and documents.” Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589 (1978). “Unless a particular court record is one ‘traditionally kept secret,’ a ‘strong

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presumption in favor of access’ is the starting point.” Kamakana v. City and County of Honolulu,

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This case was referred to the undersigned under Local Rule 302(c)(21). See 28 U.S.C.
§ 636(b)(1).
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447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Foltz v. State Farm Mutual Auto. Insurance

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Company, 331 F.3d 1122, 1135 (9th Cir. 2003)). A party seeking to file a document under seal

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“bears the burden of overcoming this strong presumption by” articulating “compelling reasons

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supported by specific factual findings that outweigh the general history of access and the public

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policies favoring disclosure . . . .” Id. (citations omitted).

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Furthermore, the court’s local rules provide that “[d]ocuments may be sealed only by

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written order of the Court, upon a showing required by applicable law.” E.D. Cal. L.R. 141(a). A

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party seeking to file documents under seal must submit a Request to Seal Documents, which

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“shall set forth the statutory or other authority for sealing, the requested duration, the identity, by

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name or category, of persons to be permitted access to the documents, and all other relevant

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information.” E.D. Cal. L.R. 141(b).

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Plaintiff has not provided any justification for her conclusory request that her declaration

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be sealed. Moreover, she has failed to comply with the court’s local rules for obtaining a sealing

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order. She does not set forth any statutory or case authority as a basis for filing her declaration

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under seal, nor does she identify the duration the declaration should be sealed. Accordingly,

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plaintiff’s request to file her declaration under seal is denied

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Plaintiff, however, will be provided seven days to file a proper request to seal her

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declaration that complies with the court’s local rules. Should plaintiff fail to timely file such a

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request, the declaration will be returned to plaintiff and not filed on the docket. See E.D. Cal.

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L.R. 141(e)(1) (If a Request is denied in full or in part, the Clerk will return to the submitting

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party the documents for which sealing has been denied).

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Accordingly, it is hereby ORDERED that:

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1. The Clerk shall file on the docket plaintiff’s objections to the September 25, 2020

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findings and recommendations.

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2. Plaintiff’s request to seal is denied.

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3. Within seven days from the date of service of this order, plaintiff may file a properly-

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supported request to seal. She is not obligated to do so. If plaintiff does not file a renewed

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request to seal with seven days, the Clerk shall then return to plaintiff her declaration.

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DATED: October 16, 2020.

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