Hudson v. First Transit, Inc.
Filing
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ORDER APPROVING AMENDED STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS. Signed by Judge Alsup on June 23, 2011. (whalc2, COURT STAFF) (Filed on 6/23/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California
United States District Court
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ADRIENNE HUDSON, individually and
on behalf of all others similarly situated,
Plaintiff,
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No. C 10-03158 WHA
ORDER APPROVING AMENDED
STIPULATED PROTECTIVE ORDER
SUBJECT TO STATED CONDITIONS
v.
FIRST TRANSIT, INC.,
Defendant.
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The parties have submitted an “amended stipulation of confidentiality and [proposed]
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protective order.” A protective order has already been in effect in this action since November
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2010 (Dkt. Nos. 28–29). A review of the parties’ new submission reveals only one proposed
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addition, in paragraph 19, which states: “A third party that provides documents or information to
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any party in connection with the action will have the same rights under the Protective Order as the
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parties to this action.” This addition is APPROVED, except that it shall not be construed to
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prohibit a third party from seeking additional protections.
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In addition, the amended stipulated protective order is generally APPROVED, subject to the
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following conditions, including adherence to the Ninth Circuit’s strict caution against sealing
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orders (as set out below):
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1.
The parties must make a good-faith determination that any
information designated “confidential” truly warrants protection under Rule 26(c)
of the Federal Rules of Civil Procedure. Designations of material as
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“confidential” must be narrowly tailored to include only material for which there
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is good cause. A pattern of over-designation may lead to an order un-designating
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all or most materials on a wholesale basis.
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2.
In order to be treated as confidential, any materials filed with the
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Court must be lodged with a request for filing under seal in compliance with Civil
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Local Rule 79-5. Please limit your requests for sealing to only those narrowly
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tailored portions of materials for which good cause to seal exists. Please include
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all other portions of your materials in the public file and clearly indicate therein
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where material has been redacted and sealed. Each filing requires an
individualized sealing order; blanket prospective authorizations are not allowed
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For the Northern District of California
United States District Court
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by Civil Local Rule 79-5.
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3.
Chambers copies should include all material — both redacted and
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unredacted — so that chambers staff does not have to reassemble the whole brief
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or declaration. Although chambers copies should clearly designate which
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portions are confidential, chambers copies with confidential materials will be
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handled like all other chambers copies of materials without special restriction, and
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will typically be recycled, not shredded.
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4.
In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006),
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the Ninth Circuit held that more than good cause, indeed, “compelling reasons”
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are required to seal documents used in dispositive motions, just as compelling
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reasons would be needed to justify a closure of a courtroom during trial.
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Otherwise, the Ninth Circuit held, public access to the work of the courts will be
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unduly compromised. Therefore, no request for a sealing order will be allowed
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on summary judgment motions (or other dispositive motions) unless the movant
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first shows a “compelling reason,” a substantially higher standard than “good
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cause.” This will be true regardless of any stipulation by the parties. Counsel are
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warned that most summary judgment motions and supporting material should be
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completely open to public view. Only social security numbers, names of
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juveniles, home addresses and phone numbers, and trade secrets of a compelling
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nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom
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would not be closed for the information, nor should any summary judgment
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proceedings, which are, in effect, a substitute for trial. Motions in limine are also
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part of the trial and must likewise be laid bare absent compelling reasons. Please
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comply fully. Noncompliant submissions are liable to be stricken in their
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entirety.
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Any confidential materials used openly in court hearings or trial
will not be treated in any special manner absent a further order.
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This order does not preclude any party from moving to
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For the Northern District of California
United States District Court
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undesignate information or documents that have been designated as confidential.
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The party seeking to designate material as confidential has the burden of
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establishing that the material is entitled to protection.
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7.
The Court will retain jurisdiction over disputes arising from the
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proposed and stipulated protective order for only NINETY DAYS after final
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termination of the action.
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IT IS SO ORDERED.
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Dated: June 23, 2011.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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