Davies v. Premier Community Credit Union et al

Filing 22

ORDER signed by District Judge Troy L. Nunley on 9/11/2017 DIRECTING the Clerk of Court to seal Exhibit F re 1 Complaint and Exhibit F to Exhibit A re 19 Stipulation and Proposed Order for Leave to File an Amended Complaint; ORDERING the plaintiff to file redacted versions of said documents. (Michel, G.)

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ERIC O. JEPPSON (SBN 212287)
BRIAN E. HAMILTON (SBN 295994)

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HUNT JEPPSON & GRIFFIN, LLP

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1478 Stone Point Drive, Suite 100
Roseville, CA 95661
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
MATTHEW DAVIES
MOLLY THOMPSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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CASE NO. 2:17-cv-01180-TLN-CKD

MATTHEW DAVIES
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PLAINTIFF MATTHEW DAVIES’ REQUEST
AND ORDER TO SEAL AND REDACT
PURSUANT TO FRCP 5.2 AND LOCAL RULE
140

Plaintiff,
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v.

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PREMIER
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COMMUNITY CREDIT UNION, A
NONPROFIT CORPORATION; EQUIFAX INC., A
CORPORATION;
EXPERIAN
INFORMATION
SOLUTIONS, INC., A CORPORATION; TRANS
UNION LLC, A LIMITED LIABILITY COMPANY,

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Defendants.
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IT IS HEREBY REQUESTED that the Court order the Office of the Clerk to seal and

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redact all birth dates, financial account numbers, and social security numbers appearing on

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Exhibit F to Plaintiff’s Complaint (ECF No. 1) and Exhibit F to Exhibit A to Plaintiff’s Motion

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for Leave to File an Amended Complaint (ECF No. 19) pursuant to Federal Rule of Civil

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Procedure 5.2 and Local Rule 140(a).

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On June 6, 2017, Plaintiff Matthew Davies filed the Complaint that initiated the current

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action. Compl., ECF No. 1. Exhibit F to the Complaint included an excerpt of Mr. Davies’ credit

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report, which erroneously included unredacted birth dates, financial account numbers, and social

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security numbers. Compl., Ex. F, ECF No. 1. On September 8, 2017, Mr. Davies filed a Motion

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for Leave to File an Amended Complaint. Pl.’s Mot. for Leave to File Am. Compl., ECF. 19.

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The proposed amended complaint attached to the Motion as Exhibit A also included the same

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attachment, with unredacted birth dates, financial account numbers, and social security numbers,

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that was attached to the original Complaint. Pl.’s Mot. for Leave to File Am. Compl., Ex. F to

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Ex. A, ECF No. 19.

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Mr. Davies has been advised by the Eastern District of California’s Clerk’s Office that an

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exhibit attached to the proposed amended complaint included an unredacted birth date. In

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reviewing the filed documents, it came to Mr. Davies’ attention that a number of birth dates,

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financial account numbers, and social security numbers appeared on the same exhibit to both the

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Complaint and the proposed amended complaint.

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A party making a filing must omit, inter alia, full dates of birth, full financial account

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numbers, or full social security numbers. Fed. R. Civ. P. 5.2; E.D. Cal. R. 140. This requirement

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includes attachments. E.D. Cal. R. 140(a). The redactions should only leave the last four digits

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of financial account numbers and social security numbers, and the year from dates of birth. E.D.

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Cal. R. 140(a)(ii)–(iii). Mr. Davies now brings this request for the Court to order the Clerk to

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seal and redact the birth dates, financial account numbers, and social security numbers present on

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both the Complaint and Motion for Leave to File an Amended Complaint.

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Dated: September 11, 2017

HUNT JEPPSON & GRIFFIN, LLP

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/S/ BRIAN E. HAMILTON
Eric O. Jeppson
Brian E. Hamilton
Attorney for Plaintiffs
MATTHEW DAVIES
MOLLY THOMPSON

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ORDER
The Court, having reviewed the Request to Seal and Redact and good cause appearing,
therefore:

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IT IS HEREBY ORDERED that the Office of the Clerk shall seal Exhibit F to

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Plaintiff’s Complaint (ECF No. 1) and Exhibit F to Exhibit A to Plaintiff’s Motion for Leave to

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File an Amended Complaint (ECF No. 19) pursuant to Federal Rule of Civil Procedure 5.2 and

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Local Rule 140(a). Plaintiff shall file redacted versions of said documents with the Clerk of

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Court which shall be placed on the docket.

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IT IS SO ORDERED.

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Dated: September 11, 2017

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Troy L. Nunley
United States District Judge

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