Beltran v. Baker et al

Filing 118

ORDER signed by Magistrate Judge Allison Claire on 1/26/2023 ORDERING that within 7 days of the filing of this order, plaintiff may supplement to 115 Request to Seal to provide the authority for sealing the requested documents. (Huang, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAIME BELTRAN,

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No. 2:17-cv-1520 TLN AC P

Plaintiff,
v.

ORDER

ERIC R. BAKER, et al.,
Defendants.

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Plaintiff has filed a Notice of Request to Seal Documents in which he identifies two

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documents that he is requesting to have sealed. ECF. No. 115. In accordance with Local Rule

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141, the Request to Seal Documents, proposed order, and the documents to be filed under seal

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were submitted to the court. Defendants has not opposed the request.

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Local Rule 141(a) provides that “[d]ocuments may be sealed only by written order of the

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Court, upon the showing required by applicable law.” In this case, defendant requests leave to

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file documents under seal on the ground that the documents have been labeled as confidential

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under the protective order entered in this case. However, Local Rule 141 requires that “[t]he

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‘Request to Seal Documents’ shall set forth the statutory or other authority for sealing,” L.R.

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141(b) (emphasis added), and in approving the parties’ protective order, the court advised the

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parties that “designation of documents (including transcripts of testimony) as confidential

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pursuant to this order does not automatically entitle the parties to file such a document with the
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court under seal,” ECF No. 91 at 1. The parties were also specifically directed to the

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requirements of Local Rule 141(b). Id. at 1-2. Plaintiff has therefore failed to demonstrate that

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the request to seal should be granted and will be given an opportunity to supplement the request.

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Failure to supplement the request to seal will result in the request being denied. The court further

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notes that while plaintiff asserts that the parties have designated defendant Tran’s entire

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deposition transcript as confidential, it is unclear what confidential information is included within

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the excerpt submitted.

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Accordingly, IT IS HEREBY ORDERED that within seven days of the filing of this
order, plaintiff may supplement his request to seal to provide the authority for sealing the

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requested documents.

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DATED: January 26, 2023

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