Anthony Fredianelli v. Stephan Jenkins et al

Filing 215

ORDER by Judge Edward M. Chen Re 172 Defendants' Administrative Motion to File Under Seal. (emcsec, COURT STAFF) (Filed on 1/9/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY FREDIANELLI,

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For the Northern District of California

United States District Court

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No. C-11-3232 EMC

Plaintiff,
ORDER RE DEFENDANTS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

v.
STEPHAN JENKINS, et al.,

(Docket No. 172)
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Defendants.

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___________________________________/
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The Court is in receipt of Defendants’ administrative motion to file under seal, Docket No.

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172. As stated in Defendants’ motion and the supporting declaration of Mitchell Greenberg, the

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documents designated as confidential are (1) portions of the transcript from Plaintiff’s deposition in

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the matter of Jenkins, et al. v. Godtland, et al., Case No. CGC-08-476453 (Cal. Super. Ct. San

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Francisco County) (the “Jenkins case”); and (2) the portions of Defendants’ memorandum of points

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and authorities referencing and quoting from Plaintiff’s deposition. See Mot. to File under Seal,

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Docket No. 172, at 1:19-21; Decl. of Mitchell Greenberg (“Greenberg Decl.”), Docket No. 172-1.

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Defendants have clarified that they do not wish for these documents to be filed under seal, but rather

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wish to afford Plaintiff the opportunity, pursuant to Local Rule 79-5, to seek a sealing order from the

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Court. Mot. to File under Seal, Docket No. 172, at 1:16-18; see N.D. Cal. Civ. R. 79-5.

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The deposition at issue was designated confidential by Plaintiffs’ counsel in the Jenkins case

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pursuant to a protective order in that case, in which Plaintiff Anthony Fredianelli, Defendant

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Stephan Jenkins, and Defendant Brad Hargreaves were co-plaintiffs. See Greenberg Decl., Docket

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No. 172-1, ¶ 3; id. Ex. A. Both Jenkins and Hargreaves now waive any confidentiality designation

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they may have made to the deposition transcript. Greenberg Decl., Docket No. 172-1, ¶ 3. Yet,

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Fredianelli has not similarly waived the confidentiality designation. See id. ¶ 6.

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Local Rule 79-5 requires that the party designating a document as confidential “must file

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with the Court and serve a declaration establishing that the designated information is sealable, and

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must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the designation

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of confidentiality.” If that party fails to file such a declaration with seven (7) days, “the document or

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proposed filing will be made part of the public record.” Id. The protective order in the Jenkins case

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provides for a similar procedure, whereby a party that wishes to file a document designated as
confidential by another party must comply with California Rules of Court, Rule 2.551 and afford the

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For the Northern District of California

United States District Court

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designating party at least fifteen (15) days to move to seal the confidential material. See Greenberg

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Decl., Docket No. 172-1, Ex. A ¶ 14. In addition, California Rules of Court, Rule 2.551(b)(3)

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provides a similar procedure, requiring a party that wishes to maintain the confidentiality of a

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document “to file a motion or an application to seal the records within 10 days or to obtain a court

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order extending the time to file such a motion or an application,” otherwise “the clerk must . . . place

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[the records] in the public file.”

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Here, the Court granted Plaintiff an extension to December 28, 2012 to file his opposition to

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Defendants’ motion for summary judgment. Even assuming that this extension also applied to

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Plaintiff’s response to Defendants’ administrative motion to file under seal, Plaintiff has not

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responded at all to this motion as required under Local Rule 79-5, the protective order in the Jenkins

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case, and California Rules of Court, Rule 2.551. Thus, the Court ORDERS that the following

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documents are not to be filed under seal and directs the Clerk to make such documents part of the

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public record:

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(1) the pages of the deposition of Plaintiff Anthony Fredianelli taken in the Jenkins case as
submitted by Defendants; and
(2) the pages of the memorandum of points and authorities in support of Defendants’ motion
for summary judgment referencing information from that deposition.

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For ease of reference, the Court requests that Defendants re-submit via ECF each document
in a format omitting any markings or highlighting that designates confidential material.

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This order disposes of Docket No. 172.

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IT IS SO ORDERED.

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Dated: January 9, 2013

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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