Alvarado et al v. Fedex Corporation

Filing 1387

ORDER by Judge Illston granting 1381 Motion for Leave to File under seal (deft. is directed to submit the "sealed" material. Ms. Sutton has not seen anything submitted wtih the motion to seal) (ts, COURT STAFF) (Filed on 4/21/2009)

Case 3:04-cv-00098-SI

Document 1381

Filed 04/15/2009

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FEDERAL EXPRESS CORPORATION Frederick L. Douglas (Admitted Pro Hac Vice) David A. Billions (Admitted Pro Hac Vice) Barak J. Babcock (Admitted Pro Hac Vice) 3620 Hacks Cross Road - Building B, 2nd Floor Memphis, Tennessee 38125-8800 Telephone: [phone] Facsimile: 901.434.4523 SEYFARTH SHAW LLP Gilmore F. Diekmann, Jr. (SBN 050400) 560 Mission Street, Suite 3100 San Francisco, California 94105 Telephone: [phone] Facsimile: 415.397.8549 Attorneys for Defendant FEDERAL EXPRESS CORPORATION,

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) EDWARD ALVARADO, JOHN AZZAM, ) CHARLOTTE BOSWELL, TANDA BROWN, ) BERTHA DUENAS, PERNELL EVANS, ) CHARLES GIBBS, JANICE LEWIS, MARIA ) MUNOZ, KEVIN NEELY, LORE PAOGOFIE, ) DYRONN THEODORE, LASONIA WALKER ) and CHRISTOPHER WILKERSON, ) ) Plaintiffs, ) v. ) ) FEDEX CORPORATION, a Delaware ) corporation, dba FEDEX EXPRESS, ) ) Defendant. ) Case No. C04-0098 SI DEFENDANT'S ADMINISTRATIVE MOTION FOR LEAVE TO FILE UNDER SEAL (1) PARKER'S SATCHELL TIME RECORDS, (2) PARKER'S TELEPHONE RECORDS, (3) PARKER'S PERSONAL COMPUTER RECORDS AND (4) CERTAIN PORTIONS OF THE PARTIES' PLEADINGS THAT REFERENCE THESE MATERIALS, INCLUDING (A) DECLARATION OF BARAK J. BABCOCK IN SUPPORT OF DEFENDANT'S MOTION TO COMPEL DISCOVERY AND (B) DEFENDANT'S REPLY MEMORANDUM IN SUPPORT OF ITS MOTION TO COMPEL DISCOVERY Judge: Hon. Susan Illston

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Defendant's Administrative Motion For Leave To File Under Seal (1) Parker's Satchell Time Records, (2) Parker's Telephone Records, (3) Parker's Personal Computer Records And (4) Certain Portions Of The Parties' Pleadings That Reference These Materials, Including (A) Declaration Of Barak J. Babcock In Support Of Defendant's Motion To Compel Discovery And (B) Defendant's Reply Memorandum In Support Of Its Motion To Compel Discovery, Case No. C04-0098 SI

Case 3:04-cv-00098-SI

Document 1381

Filed 04/15/2009

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Defendant, Federal Express Corporation, hereby moves the Court pursuant to Civil L.R. 7-11 and 79.5(b) to file under seal (1) Parker's Satchell time records, (2) Parker's telephone records, (3) Parker's personal computer records and (4) certain portions of the Parties' pleadings that reference these materials, including (A) Declaration of Barak J. Babcock in Support of

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 5. 20 21 22 23 24 25 26 27 28 Reply Memorandum in Support of Its Motion to Compel Discovery, which directly quotes from the Satchell time records under seal. 6. Finally, FedEx requests that the Court issue an Order permitting the Parties to file FedEx further requests that the Court permit it to file the portion of Defendant's 3. Defendant's Motion to Compel Discovery and (B) Defendant's Reply Memorandum in Support of Its Motion to Compel Discovery. FedEx submits the following in support of its Motion: 1. The Special Master issued an Order (Docket No. 1378) directing FedEx to file

Parker's Satchell time records under seal. 2. Additionally, in discovery, FedEx received Parker's telephone records and

personal computer records, which Parker believes should be filed under seal. The Satchell time records and Parker's telephone records and personal computer

records are (or will be) discussed in future pleadings in this Court regarding Parker's fee petitions. 4. FedEx requests that the Court permit it to file under seal exhibits to the

Declaration of Barak J. Babcock in Support of Defendant's Motion to Compel Discovery, which contain Parker's Satchell time records, telephone records and computer records.

portions of future pleadings, which directly quote Parker's Satchell time records, telephone records and/or computer records, under seal with the Court. 7. Should the Court grant the requested relief, FedEx will file "publicly" its

pleadings and only redact the portions of the pleading that references Parker's Satchell time

Case 3:04-cv-00098-SI

Document 1381

Filed 04/15/2009

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records, telephone records and/or computer records. FedEx will then file under seal a copy of the non-redacted pleading. For these reasons, FedEx respectfully requests that the Court issue an Order permitting FedEx to file under seal (1) Parker's Satchell time records, (2) Parker's telephone records, (3) Parker's personal computer records and (4) certain portions of the Parties' future pleadings that directly quote these materials.

DATED: April 15, 2009.

FEDERAL EXPRESS CORPORATION By: /s/ Barak J. Babcock Barak J. Babcock Attorneys for Defendant Federal Express Corporation

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Defendant's Administrative Motion For Leave To File Under Seal (1) Parker's Satchell Time Records, (2) Parker's Telephone Records, (3) Parker's Personal Computer Records And (4) Certain Portions Of That Parties' Pleadings That Reference These Materials, Including (A) Declaration Of Barak J. Babcock In Support Of Defendant's Motion To Compel Discovery And (B) Defendant's Reply Memorandum In Support Of Its Motion To Compel Discovery, Case No. C04-0098 SI

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Case 3:04-cv-00098-SI

Document 1381

Filed 04/15/2009

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ) ) EDWARD ALVARADO, JOHN AZZAM, ) CHARLOTTE BOSWELL, TANDA BROWN, ) BERTHA DUENAS, PERNELL EVANS, ) CHARLES GIBBS, JANICE LEWIS, MARIA ) MUNOZ, KEVIN NEELY, LORE PAOGOFIE, ) DYRONN THEODORE, LASONIA WALKER ) and CHRISTOPHER WILKERSON, ) ) Plaintiffs, ) v. ) ) FEDEX CORPORATION, a Delaware ) corporation, dba FEDEX EXPRESS, ) ) Defendant. )

Case No. C04-0098 SI [PROPOSED] ORDER PERMITTING THE FILING OF PARKER'S SATCHELL TIME RECORDS, PARKER'S TELEPHONE RECORDS, AND PARKER'S COMPUTER RECORDS AND PORTIONS OF PLEADINGS THAT DISCUSS SUCH RECORDS UNDER SEAL Judge: Hon. Susan Illston

Having reviewed the relevant pleadings, the Court GRANTS Defendant's Administrative Motion to seal (1) Parker's Satchell time records, (2) Parker's telephone records, (3) Parker's personal computer records and (4) certain portions of the Parties' future pleadings that reference these materials, including (A) the Declaration of Barak J. Babcock in Support of Defendant's Motion to Compel Discovery; and, (B) Defendant's Reply Memorandum in Support of Its Motion to Compel Discovery. IT IS HEREBY ORDERED that (1) Parker's Satchell time records, (2) Parker's telephone records, and (3) Parker's personal computer records should be filed under seal. IT IS FURTHER ORDERED that if the Parties should directly quote any of these materials in future pleadings that those portions of such pleadings should also be filed under seal. _________________________ Honorable Susan Illston U.S. District Court Judge