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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1 ERIC O. JEPPSON (SBN 212287) BRIAN E. HAMILTON (SBN 295994) 2 HUNT JEPPSON & GRIFFIN, LLP 3 4 5 6 1478 Stone Point Drive, Suite 100 Roseville, CA 95661 Telephone: (916) 780-7008 Facsimile: (916) 780-7118 Attorneys for Plaintiff MATTHEW DAVIES MOLLY THOMPSON 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 SACRAMENTO DIVISION 10 –o0o– 11 CASE NO. 2:17-cv-01180-TLN-CKD MATTHEW DAVIES 12 PLAINTIFF MATTHEW DAVIES’ REQUEST AND ORDER TO SEAL AND REDACT PURSUANT TO FRCP 5.2 AND LOCAL RULE 140 Plaintiff, 13 14 v. 15 PREMIER 16 17 COMMUNITY CREDIT UNION, A NONPROFIT CORPORATION; EQUIFAX INC., A CORPORATION; EXPERIAN INFORMATION SOLUTIONS, INC., A CORPORATION; TRANS UNION LLC, A LIMITED LIABILITY COMPANY, 18 Defendants. 19 20 IT IS HEREBY REQUESTED that the Court order the Office of the Clerk to seal and 21 redact all birth dates, financial account numbers, and social security numbers appearing on 22 Exhibit F to Plaintiff’s Complaint (ECF No. 1) and Exhibit F to Exhibit A to Plaintiff’s Motion 23 for Leave to File an Amended Complaint (ECF No. 19) pursuant to Federal Rule of Civil 24 Procedure 5.2 and Local Rule 140(a). 25 On June 6, 2017, Plaintiff Matthew Davies filed the Complaint that initiated the current 26 action. Compl., ECF No. 1. Exhibit F to the Complaint included an excerpt of Mr. Davies’ credit 27 report, which erroneously included unredacted birth dates, financial account numbers, and social 28 security numbers. Compl., Ex. F, ECF No. 1. On September 8, 2017, Mr. Davies filed a Motion 29 -1- 1 for Leave to File an Amended Complaint. Pl.’s Mot. for Leave to File Am. Compl., ECF. 19. 2 The proposed amended complaint attached to the Motion as Exhibit A also included the same 3 attachment, with unredacted birth dates, financial account numbers, and social security numbers, 4 that was attached to the original Complaint. Pl.’s Mot. for Leave to File Am. Compl., Ex. F to 5 Ex. A, ECF No. 19. 6 Mr. Davies has been advised by the Eastern District of California’s Clerk’s Office that an 7 exhibit attached to the proposed amended complaint included an unredacted birth date. In 8 reviewing the filed documents, it came to Mr. Davies’ attention that a number of birth dates, 9 financial account numbers, and social security numbers appeared on the same exhibit to both the 10 Complaint and the proposed amended complaint. 11 A party making a filing must omit, inter alia, full dates of birth, full financial account 12 numbers, or full social security numbers. Fed. R. Civ. P. 5.2; E.D. Cal. R. 140. This requirement 13 includes attachments. E.D. Cal. R. 140(a). The redactions should only leave the last four digits 14 of financial account numbers and social security numbers, and the year from dates of birth. E.D. 15 Cal. R. 140(a)(ii)–(iii). Mr. Davies now brings this request for the Court to order the Clerk to 16 seal and redact the birth dates, financial account numbers, and social security numbers present on 17 both the Complaint and Motion for Leave to File an Amended Complaint. 18 19 Dated: September 11, 2017 HUNT JEPPSON & GRIFFIN, LLP 20 21 22 23 /S/ BRIAN E. HAMILTON Eric O. Jeppson Brian E. Hamilton Attorney for Plaintiffs MATTHEW DAVIES MOLLY THOMPSON 24 25 26 27 28 29 -2- 1 2 3 ORDER The Court, having reviewed the Request to Seal and Redact and good cause appearing, therefore: 4 IT IS HEREBY ORDERED that the Office of the Clerk shall seal Exhibit F to 5 Plaintiff’s Complaint (ECF No. 1) and Exhibit F to Exhibit A to Plaintiff’s Motion for Leave to 6 File an Amended Complaint (ECF No. 19) pursuant to Federal Rule of Civil Procedure 5.2 and 7 Local Rule 140(a). Plaintiff shall file redacted versions of said documents with the Clerk of 8 Court which shall be placed on the docket. 9 10 IT IS SO ORDERED. 11 12 Dated: September 11, 2017 13 Troy L. Nunley United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 -3-

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