Zender et al v. Pearl Investment Company LLC

Filing 13

PROTECTIVE ORDER signed by Magistrate Judge Allison Claire on 2/28/2018 IT IS HEREBY ORDERED that the parties' Stipulated Protective Order No. 1 (ECFNo. 12 ), is APPROVED and INCORPORATED herein; any provision in the parties' stipulation that is in conflict with anything in this order is hereby DISAPPROVED. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALAN ZENDER, an Individual; A.Z., a
minor by and through his guardian ad
litem, ALAN ZENDER, A.Z., a minor by
and through her guardian ad litem,

PROTECTIVE ORDER
Plaintiffs,

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No. 2:17-cv-01894 KJM AC

v.
PEARL INVESTMENT COMPANY
LLC,A California Limited Liability
Company; et al.,
Defendants.

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IT IS HEREBY ORDERED that the parties’ Stipulated Protective Order No. 1 (ECF
No. 12), is APPROVED and INCORPORATED herein.

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IT IS FURTHER ORDERED THAT:

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1. Requests to seal documents shall be made by motion before the same judge who will

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decide the matter related to that request to seal.
2. The 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. Parties are advised that any request to seal documents in this district is governed

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by E.D. Cal. R. (“Local Rule”) 141. In brief, Local Rule 141 provides that documents may only
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be sealed by a written order of the court after a specific request to seal has been made. Local

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Rule 141(a). However, a mere request to seal is not enough under the local rules. In particular,

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Local Rule 141(b) requires that “[t]he ‘Request to Seal Documents’ shall set forth the statutory or

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other authority for sealing, the requested duration, the identity, by name or category, of persons

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to be permitted access to the document, and all relevant information.” Local Rule 141(b)

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(emphasis added).

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3. A request to seal material must normally meet the high threshold of showing that

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“compelling reasons” support secrecy; however, where the material is, at most, “tangentially

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related” to the merits of a case, the request to seal may be granted on a showing of “good cause.”

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-1102 (9th Cir.), cert. denied,

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137 S. Ct. 38 (2016); Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-80 (9th

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Cir. 2006).

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4. Nothing in this order shall limit the testimony of parties or non-parties, or the use of

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certain documents, at any court hearing or trial – such determinations will only be made by the

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court at the hearing or trial, or upon an appropriate motion.

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5. With respect to motions regarding any disputes concerning this protective order which

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the parties cannot informally resolve, including any disputes regarding inadvertently produced

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materials under Fed. R. Evid. 502, the parties shall follow the procedures outlined in Local

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Rule 251. Absent a showing of good cause, the court will not hear discovery disputes on an ex

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parte basis or on shortened time.

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6. The parties may not modify the terms of this Protective Order without the court’s

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approval. If the parties agree to a potential modification, they shall submit a stipulation

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and proposed order for the court’s consideration.

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7. Pursuant to Local Rule 141.1(f), the court will not retain jurisdiction over enforcement

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of the terms of this Protective Order after the action is terminated.

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8. Any provision in the parties’ stipulation (ECF No. 12) that is in conflict with anything
in this order is hereby DISAPPROVED.
IT IS SO ORDERED.
DATED: February 28, 2018

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