Russell v. United States Of America

Filing 238

ORDER GRANTING 235 MOTION TO SEAL.(whalc2, COURT STAFF) (Filed on 8/11/2016)

Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 1 of 6

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UNITED STATES DEPARTMENT OF JUSTICE
Ruth A. Harvey
Director
Michael J. Quinn (D.C. Bar No. 401376)
Senior Litigation Counsel
Alicia M. Hunt (D.C. Bar No. 484620)
Trial Attorney
Commercial Litigation Branch
Civil Division
P.O. Box 875, Ben Franklin Station
Washington, D.C. 20044-0875
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant

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LAW OFFICES OF S. CHANDLER VISHER
S. Chandler Visher (California State Bar No. 52957)
44 Montgomery Street, Suite 3830
San Francisco, California 94104
Telephone: [phone]; Facsimile: [phone]
[e-mail]

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Attorney for Plaintiff Taylor Russell

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION
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TAYLOR RUSSELL, on behalf of
himself and all others similarly situated,
Plaintiff,

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v.

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UNITED STATES OF AMERICA,

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Defendant.

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ADMIN MOTION TO FILE UNDER SEAL
CASE NO. C 09-03239 WHA

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Case No. C 09-03239-WHA
STIPULATED ADMINISTRATIVE
MOTION AND [PROPOSED] ORDER TO
FILE CLASS CHECKS LIST UNDER
PARTIAL SEAL AS REQUIRED BY
COURT (DKT. NO. 226)

Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 2 of 6

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The parties, through their respective counsel, stipulate to request an order to file under

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seal a list with the identifying information associated with class members eligible for settlement

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checks as required by this Court.

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WHEREAS, in the Order Granting Final Approval of Class Action Settlement Agreement

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and Awarding Attorney’s Fees and Expenses, the Court ordered that: “Counsel shall file on the

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public docket a final list of the names of the class members bound by the settlement, and shall

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file under seal a list of their names and identifying information. The list shall indicate which

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checks remained uncashed or were returned.” Dkt. No. 226, at 5.

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WHEREAS the Class Administrator Kurtzman Carson Consultants (KCC), under

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supervision of Class Counsel, compiled a class checks list reflecting the names and identifying

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information of class members eligible for settlement checks, and whether the class member had

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cashed the settlement check (Class Checks List). The Class Checks List contains a Claim ID

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number that KCC used for each authorized settlement check, the class member’s name, and the

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amount of the settlement check. The Army and Air Force Exchange Service (Exchange or

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AAFES) also provided KCC with a list of settlement checks it subsequently issued to unpaid

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class members that cleared, and KCC incorporated AAFES’ cashed check data into the list. In

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the “Status” column, “C” means the check was cashed and “U” means it was not cashed or was

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not issued because no valid address could be found for the class member. The “SS#” column

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contains the class member’s social security number.

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WHEREAS, as required by Local Rule 79-5(d)(1)(A), attached as Exhibit 1 is a

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declaration of Alicia M. Hunt establishing that the identifying information on the Class Checks

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List created by KCC is sealable.

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WHEREAS, as required by Local Rule 79-5(d)(1)(C), attached as Exhibit 2 is a redacted

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version of the Class Checks List, which is a list of the names of the class members eligible for

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settlement checks with identifying information redacted. The exhibit is labeled “Redacted

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Version of Document Sought To Be Sealed.” The redacted version of the Class Checks List was

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also filed as Exhibit A to the Final Report.

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-1ADMIN MOTION TO FILE UNDER SEAL
CASE NO. C 09-03239 WHA

Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 3 of 6

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WHEREAS, as required by Local Rule 79-5(d)(1)(D), attached as Exhibit 3 is the

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unredacted version of the document. The identifying information to be sealed is the Social

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Security number information listed in the column marked “SS #”, and the exhibit reflects the

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notation that it is an “Unredacted Version of Document Sought To Be Sealed.”

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IT IS SO STIPULATED.

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Dated: August 1, 2016

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BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

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RUTH A. HARVEY
Director

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/s/ Alicia M. Hunt

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ALICIA M. HUNT
(D.C. Bar. No. 484620)
Trial Attorney
MICHAEL J. QUINN
(D.C. Bar No. 401376)
Senior Litigation Counsel
Commercial Litigation Branch
Civil Division
P.O. Box 875
Ben Franklin Station
Washington, D.C. 20044-0875
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant

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Respectfully submitted,

I, Alicia M. Hunt, hereby attest that I have received approval to file this document from
the other signatories whose signatures are indicated below by a “conformed” signature
(/s/).

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Dated: August 1, 2016

Respectfully submitted,

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-2ADMIN MOTION TO FILE UNDER SEAL
CASE NO. C 09-03239 WHA

Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 4 of 6

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S. CHANDLER VISHER
LAW OFFICES OF S. CHANDLER VISHER

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By:

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/s/

S. Chandler Visher
Attorney for Plaintiff Taylor Russell

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ADMIN MOTION TO FILE UNDER SEAL
CASE NO. C 09-03239 WHA

Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 5 of 6

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[PROPOSED] ORDER

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Pursuant to the foregoing stipulation of the parties, and good cause appearing therefore,

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IT IS HEREBY ORDERED that Social Security numbers on Exhibit 3 to this Stipulated

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Administrative Motion is filed under seal to protect the identifying information of class

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members.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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_____________________________
August 5, 2016.
Date

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ADMIN MOTION TO FILE UNDER SEAL
CASE NO. C 09-03239 WHA

_____________________________
William H. Alsup
United States District Judge

Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 6 of 6

CERTIFICATE OF SERVICE

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I hereby certify that, on August 1, 2016, the foregoing was served by Electronic Case
Filing.

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/s/ Alicia M. Hunt

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ADMIN MOTION TO FILE UNDER SEAL
CASE NO. C 09-03239 WHA