Konig v. State Bar of California et al

Filing 224

ORDER RE: MOTION OF NON-PARTY PHILIP E. KAY FOR LEAVE TO INTERVENE AND TO UNSEAL RECORDS; DIRECTIONS TO CLERK; DIRECTIONS TO DEFENDANTS. Pursuant to the parties' stipulation, Docket Nos. 24, 31, 35, 37, 62, 63, 98, 99, 126, 128, and 130 are unse aled in their entirety; the Clerk is directed to file said documents in the public record. Pursuant to the parties' stipulation, Docket Nos. 25, 36, 49, 94, 95, 96, 97, 100, 101, 102, 127, 129 are unsealed in part, and, further, portions of Dock et Nos. 95, 96 and 97 shall remain sealed pending resolution of the State Bar's argument said portions are work product. Defendants shall file in the public record, no later than March 9, 2009, redacted versions of Docket Nos. 25, 36, 49, 94, 95, 96, 97, 100, 101, 102, 127 and 129. Signed by Judge Maxine M. Chesney on March 3, 2009. (mmclc1, COURT STAFF) (Filed on 3/3/2009)

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W KERR ญญญญญ & ญญญญญ
LLP

JAMES M. WAGSTAFFE (95535) MICHAEL VON LOEWENFELDT (178665) CHEROKEE MELTON (243265) KERR & WAGSTAFFE LLP 100 Spear Street, Suite 1800 San Francisco, CA 94105ญ1528 Telephone: [phone] Fax: [phone] LAWRENCE C. YEE (84208) TRACEY L. MCCORMICK (172667) OFFICE OF GENERAL COUNSEL THE STATE BAR OF CALIFORNIA 180 Howard Street San Francisco, CA 94105-1639 Tel: [phone] Fax: [phone] Attorneys for Defendants THE STATE BAR OF CALIFORNIA, et al. KARL OLSON (104760) LEVY RAM & OLSON LLP 639 Front Street, 4th Floor San Francisco, CA 94111 Tel: [phone] Fax: [phone] Attorneys for Non-Party PHILIP E. KAY UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ALAN KONIG, Plaintiff, v. THE STATE BAR OF CALIFORNIA, et al. Defendants. Case No. C 04-02210 MJJ [PROPOSED] ORDER RE MOTION OF NON-PARTY PHILIP E. KAY FOR LEAVE TO INTERVENE AND TO UNSEAL RECORDS ; DIRECTIONS TO CLERK; DIRECTIONS TO DEFENDANTS DATE: March 13, 2009 TIME: 9:00 a.m. PLACE: Courtroom 7, 19th Floor Hon. Maxine M. Chesney

AGSTAFFE

CASE NO. C 04-02210 MJJ

[PROPOSED] ORDER RE MOTION FOR LEAVE TO INTERVENE AND TO UNSEAL RECORDS

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W KERR ญญญญญ & ญญญญญ
LLP

ORDER Pursuant to the parties' stipulation, IT IS HEREBY ORDERED that: Docket Nos. 24, 31, 35, 37, 62, 63, 98, 99, 126, 128, and 130 be unsealed in their entirety immediately; the Clerk is hereby DIRECTED to file said documents in the public record. Docket Nos. 25, 36, 49, 94, 100, 101, 102, 127, and 129 shall be unsealed immediately except that the names of individuals investigated by the State Bar but never publicly charged with any misconduct shall remain sealed or otherwise be redacted from the public record, because the identities of those individuals are confidential as a matter of law, Cal. Bus. & Prof. Code ง 6086.1(b); Page 266, lines 13-25 of Exhibit A to the Declaration of Emilia Mayorga in Support of Motion for Partial Summary Judgment on Due Process Claims, Docket No. 25, shall remain sealed or otherwise be redacted because it discuss a confidential settlement agreement made between the State Bar and an individual investigated for misconduct but never publicly charged, because the identities of those individuals are confidential as a matter of law, Cal. Bus. & Prof. Code ง 6086.1(b); is The seal may be lifted immediately with respect to Docket No. 95, the Declaration of

Emilia Mayorga in Support of Motion for Partial Summary Judgment and the Exhibits attached thereto, except that the following documents shall remained sealed at this time pending further order. The Bar contends they are the formal work product of the State Bar of California, and therefore confidential as a matter of law, see e.g. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1138 (9th Cir. 2003); General Dynamics v. Super Ct., 7 Cal. 4th 1164, 1191 (1994), while Kay reserves the right to contest this designation: the documents bates labeled DEF 01294 - 01298, attached to Exhibit D; DEF 01300 - 01308, attached to Exhibit D; DEF 01310 - 01318, attached to Exhibit D; DEF 01985 - 01991, attached to Exhibit F; DEF 02077 - 02094, attached to Exhibit F; DEF 02112 - 02117, attached to Exhibit F. The names of individuals investigated by the State Bar, but never charged with any misconduct, shall remain sealed or otherwise be redacted from the public record because the identities of those individuals are confidential as a matter of law, Cal. Bus. & Prof. Code ง 6086.1(b); 1
CASE NO. C 04-02210 MJJ [PROPOSED] ORDER RE MOTION FOR LEAVE TO INTERVENE AND TO UNSEAL RECORDS

AGSTAFFE

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W KERR ญญญญญ & ญญญญญ
LLP

is The seal may be lifted with respect to Docket No. 96, the Declaration of Lawrence J. Dal Cerro in Support of Motion for Partial Summary Judgment and the Exhibits attached thereto, except that: Exhibits O and BB shall remain sealed at this time because the Bar contends they are the formal work product of the State Bar of California and therefore confidential as a matter of law, see e.g. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1138 (9th Cir. 2003); General Dynamics v. Super Ct., 7 Cal. 4th 1164, 1191 (1994) while Kay reserves the right to contest this designation. The names of individuals investigated by the State Bar, but never charged with any misconduct, shall remain sealed or otherwise be redacted from the public record because the identities of those individuals are confidential as a matter of law, Cal. Bus. & Prof. Code ง 6086.1(b); is The seal may be lifted with respect to Docket No. 97, the Declaration of Allen Blumenthal in Support of Motion for Summary Judgment and the Exhibits attached thereto, except that Exhibit K shall remain sealed at this time because the Bar contends it is the formal work product of the State Bar of California and therefore confidential as a matter of law, see e.g. Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1138 (9th Cir. 2003); General Dynamics v. Super Ct., 7 Cal. 4th 1164, 1191 (1994), while Kay reserves the right to contest this designation. The names of individuals investigated by the State Bar, but never charged with any misconduct, shall remain sealed or otherwise be redacted from the public record because the identities of those individuals are confidential as a matter of law, Cal. Bus. & Prof. Code ง 6086.1(b). IT IS FURTHER ORDERED that defendants shall file in the public record, no later than March 9, 2009, redacted versions of the following documents: Docket Nos. 25, 36, 49, 94, 95, 96, 97, 100, 101, 102, 127, and 129. March 3 Dated: _____________, 2009 _________________________________________ HON. MAXINE M. CHESNEY UNITED STATES DISTRICT JUDGE

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CASE NO. C 04-02210 MJJ [PROPOSED] ORDER RE MOTION FOR LEAVE TO INTERVENE AND TO UNSEAL RECORDS

AGSTAFFE