Young v. Holmes et al

Filing 275

ORDER GRANTING 274 STIPULATION REGARDING PLAINTIFFS WAIVER OF APPEAL, DEFENDANTS WAIVER OF COSTS, THE PARTIES WAIVER OR WITHDRAWAL OF POST-TRIAL MOTIONS, DEFENDANTS RENEWED MOTION TO SEAL CONFIDENTIAL EXHIBITS. Signed by Judge JEFFREY S. WHITE on 6/17/13. (jjoS, COURT STAFF) (Filed on 6/17/2013)

Case3:09-cv-01042-JSW Document274 Filed06/14/13 Page1 of 4

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KAMALA D. HARRIS
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General
SHARON A. GARSKE (State Bar No. 215167)
Deputy Attorney General
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
VIRGINIA I. PAPAN (State Bar No. 143659)
Deputy Attorney General
Telephone: [phone]
E-mail: [e-mail]
Attorneys for Defendants Holmes, Bullock,
Buchanan, and Kiplinger

STEPHEN J. AKERLEY (State Bar No. 160757)
TINA P. SORIANO (State Bar No. 254777)
HEIDI A. GUETSCHOW (State Bar No. 257900)
BO “BRYAN” JIN (State Bar No. 278990)
Dechert LLP
2440 W. El Camino Real, Suite 700
Mountain View, California 94040-1499
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiff Earl Young

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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EARL YOUNG,

v.
T. HOLMES, et al.,

C 09-1042 JSW
Plaintiff, STIPULATION REGARDING
PLAINTIFF’S WAIVER OF APPEAL,
DEFENDANTS’ WAIVER OF COSTS,
THE PARTIES’ WAIVER OR
WITHDRAWAL OF POST-TRIAL
MOTIONS, DEFENDANTS’ RENEWED
MOTION TO SEAL CONFIDENTIAL
Defendants. EXHIBITS; & [PROPOSED ORDER]
AS MODIFIED HEREIN

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STIPULATION RE: PL.’S WAIVER OF APPEAL, DEFS.’ WAIVER OF COSTS, PARTIES’ WAIVER OR WITHDRAWAL OF POSTTRIAL MOTIONS, AND DEFS’ RENEWED MOT. SEAL CONFIDENTIAL EXS.; [PROPOSED] ORDER; Case No. C 09-1042 JSW

Case3:09-cv-01042-JSW Document274 Filed06/14/13 Page2 of 4

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Plaintiff Young and Defendants Holmes, Bullock, Buchanan, and Kiplinger (“Parties”),
through their undersigned counsel, stipulate to the following:

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1.

Plaintiff Earl Young waives his rights to (1) appeal the Judgment entered on April

29, 2013 and (2) file post-judgment motions in this case.

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2.

Additionally, Plaintiff agrees to support Defendants’ renewed motion to seal trial

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exhibits 10, 108, 133, 134, and 135. These exhibits—namely, diagrams, schematics, layouts, and

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a video of Pelican Bay State Prison’s interior—were protected from public disclosure by the

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stipulated March 20, 2012 protective order to ensure Defendants’ compelling interest in

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maintaining the safety and security of the institution, inmates and correctional staff. (ECF No.

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112.)
3.

Defendants agree to file a renewed motion to seal trial exhibits 10, 108, 133, 134,

and 135 within thirty-days of the Court’s order regarding this stipulation.
4.

In exchange for the above considerations, Defendants waive costs and thus

withdraw their Bill of Costs filed on May 9, 2013 (ECF No. 267).
5.

Defendants’ Motion for Judgment as A Matter of Law under Federal Rule of Civil

Procedure 50 (ECF No. 250) is moot in view of the Parties’ above stipulations.
The parties so stipulate.

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STIPULATION RE: PL.’S WAIVER OF APPEAL, DEFS.’ WAIVER OF COSTS, PARTIES’ WAIVER OR WITHDRAWAL OF POSTTRIAL MOTIONS, AND DEFS.’ RENEWED MOT. SEAL CONFIDENTIAL TRIAL EXS.; [PROPOSED] ORDER; Case No. C 09-1042 JSW

Case3:09-cv-01042-JSW Document274 Filed06/14/13 Page3 of 4

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Dated: June 13, 2013

Respectfully submitted,

Dated: June 13, 2013

/S/ BRYAN JIN
STEPHEN J. AKERLEY
TINA P. SORIANO
HEIDI A. GUETSCHOW
BO “BRYAN” JIN
Dechert LLP
Attorneys for Plaintiff Young
Respectfully submitted,

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KAMALA D. HARRIS
Attorney General of California
DAMON G. MCCLAIN
Supervising Deputy Attorney General

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/S/ VIRGINIA I. PAPAN
VIRGINIA I. PAPAN
SHARON A. GARSKE
Deputy Attorney General
Attorneys for Defendants
Holmes, Buchanan, Bullock, and Kiplinger

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The Court notes that the mere fact that Plaintiff does not oppose sealing of the trial exhibits shall not be
a basis to grant any renewed motion to seal. Any such motion must be supported by legal authority with
respect to Defendants' stated position and should also explain why sealing is appropriate given that the
exhibits were introduced during trial in the course of public proceedings.
PURSUANT TO THE PARTIES’ STIPULATION, IT IS SO ORDERED,
This Order terminates Docket No. 250, Defendants' motion for judgment as a matter of law.
June 17, 2013
Dated: __________________________
HON. JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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STIPULATION RE: PL.’S WAIVER OF APPEAL, DEFS.’ WAIVER OF COSTS, PARTIES’ WAIVER OR WITHDRAWAL OF POSTTRIAL MOTIONS, AND DEFS.’ RENEWED MOT. SEAL CONFIDENTIAL TRIAL EXS.; [PROPOSED] ORDER; Case No. C 09-1042 JSW