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)

Download PDF
1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ANTHONY FREDIANELLI, 9 11 For the Northern District of California United States District Court 10 No. C-11-3232 EMC Plaintiff, ORDER RE DEFENDANTS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL v. STEPHAN JENKINS, et al., (Docket No. 172) 12 Defendants. 13 ___________________________________/ 14 15 16 The Court is in receipt of Defendants’ administrative motion to file under seal, Docket No. 17 172. As stated in Defendants’ motion and the supporting declaration of Mitchell Greenberg, the 18 documents designated as confidential are (1) portions of the transcript from Plaintiff’s deposition in 19 the matter of Jenkins, et al. v. Godtland, et al., Case No. CGC-08-476453 (Cal. Super. Ct. San 20 Francisco County) (the “Jenkins case”); and (2) the portions of Defendants’ memorandum of points 21 and authorities referencing and quoting from Plaintiff’s deposition. See Mot. to File under Seal, 22 Docket No. 172, at 1:19-21; Decl. of Mitchell Greenberg (“Greenberg Decl.”), Docket No. 172-1. 23 Defendants have clarified that they do not wish for these documents to be filed under seal, but rather 24 wish to afford Plaintiff the opportunity, pursuant to Local Rule 79-5, to seek a sealing order from the 25 Court. Mot. to File under Seal, Docket No. 172, at 1:16-18; see N.D. Cal. Civ. R. 79-5. 26 The deposition at issue was designated confidential by Plaintiffs’ counsel in the Jenkins case 27 pursuant to a protective order in that case, in which Plaintiff Anthony Fredianelli, Defendant 28 Stephan Jenkins, and Defendant Brad Hargreaves were co-plaintiffs. See Greenberg Decl., Docket 1 No. 172-1, ¶ 3; id. Ex. A. Both Jenkins and Hargreaves now waive any confidentiality designation 2 they may have made to the deposition transcript. Greenberg Decl., Docket No. 172-1, ¶ 3. Yet, 3 Fredianelli has not similarly waived the confidentiality designation. See id. ¶ 6. 4 Local Rule 79-5 requires that the party designating a document as confidential “must file 5 with the Court and serve a declaration establishing that the designated information is sealable, and 6 must lodge and serve a narrowly tailored proposed sealing order, or must withdraw the designation 7 of confidentiality.” If that party fails to file such a declaration with seven (7) days, “the document or 8 proposed filing will be made part of the public record.” Id. The protective order in the Jenkins case 9 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 11 For the Northern District of California United States District Court 10 designating party at least fifteen (15) days to move to seal the confidential material. See Greenberg 12 Decl., Docket No. 172-1, Ex. A ¶ 14. In addition, California Rules of Court, Rule 2.551(b)(3) 13 provides a similar procedure, requiring a party that wishes to maintain the confidentiality of a 14 document “to file a motion or an application to seal the records within 10 days or to obtain a court 15 order extending the time to file such a motion or an application,” otherwise “the clerk must . . . place 16 [the records] in the public file.” 17 Here, the Court granted Plaintiff an extension to December 28, 2012 to file his opposition to 18 Defendants’ motion for summary judgment. Even assuming that this extension also applied to 19 Plaintiff’s response to Defendants’ administrative motion to file under seal, Plaintiff has not 20 responded at all to this motion as required under Local Rule 79-5, the protective order in the Jenkins 21 case, and California Rules of Court, Rule 2.551. Thus, the Court ORDERS that the following 22 documents are not to be filed under seal and directs the Clerk to make such documents part of the 23 public record: 24 25 26 27 (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. 28 2 1 2 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. 3 4 This order disposes of Docket No. 172. 5 6 IT IS SO ORDERED. 7 8 Dated: January 9, 2013 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?