Golden v. California Emergency Physicians Medical Group et al

Filing 40

ORDER SEALING PLAINTIFFS BRIEF AND TAKING MATTER UNDER SUBMISSION WITHOUT ORAL ARGUMENT. Signed by Judge Donna M. Ryu on 5/16/11. (dmrlc2, COURT STAFF) (Filed on 5/16/2011)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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DONALD GOLDEN, M.D.,

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Plaintiff(s),
v.

No. C-10-00437 JSW (DMR)
ORDER SEALING PLAINTIFF’S BRIEF
AND TAKING MATTER UNDER
SUBMISSION WITHOUT ORAL
ARGUMENT

CALIFORNIA EMERGENCY PHYSICIANS
MEDICAL GROUP,

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Defendant(s).
___________________________________/

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District Judge Jeffrey S. White instructed this Court to address the enforcement of the

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settlement reached in this matter, and prepare a Report and Recommendation regarding entry of

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judgment. See Docket No. 33.

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On April 21, 2011, the Court issued an Order (Docket No. 34) instructing the parties to file

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briefs no later than May 13, 2011 setting forth their positions regarding the enforceability of the

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settlement agreement reached in the March 22, 2011 proceeding. The Order further specified that

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“the briefs shall be no longer than ten pages, and must not reveal any confidential communications

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from the settlement conference sessions. See ADR Local Rule 7-5. If a party believes that a

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confidential settlement communication is critical to the Court's consideration of this dispute, that

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party must first seek the Court's permission to reveal the confidential information by explaining the

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nature of the information and its importance to this matter. Such request shall be served, and filed

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under seal. This Order serves as a specific sealing order pursuant to Local Rule 79-5(a).” Id.

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On May 13, 2011, Plaintiff Golden hand-delivered materials to the Court. It appears that the

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materials were prepared by Plaintiff without counsel. The materials include a 14-page single-spaced

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letter written in the first-person by Plaintiff. Plaintiff also submitted a number of exhibits. The

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letter and some of the exhibits contain confidential settlement communications. Since Plaintiff did

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not follow the procedures set forth in the Court’s April 21, 2011 Order regarding the submission of

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such communications, Plaintiff is in violation of that Order. However, the violation is mitigated by

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the fact that Plaintiff apparently did not obtain the assistance of counsel in preparing his submission.

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For the Northern District of California

United States District Court

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The materials submitted by Plaintiff Golden shall be scanned by the Clerk’s office and filed
under seal in their entirety.

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The materials submitted by Plaintiff were not accompanied by a proof of service. Plaintiff is

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hereby ordered to serve Defendants with a complete set of the materials that Plaintiff hand-delivered

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to the Court.

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The Court finds that this matter is appropriate for resolution without oral argument pursuant

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to Local Civil Rule 7-1(b), and will prepare a written Report and Recommendation regarding entry

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of judgment.

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IT IS SO ORDERED.

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Dated: May 16, 2011

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DONNA M. RYU
United States Magistrate Judge

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