Bell v. Lee et al

Filing 372

ORDER ON SEALED DOCUMENTS FILED IN CONNECTION WITH SPOLIATION SANCTIONS MOTION granting 265 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed; granting 327 Administrative Motion to Consider Whether Another Party's Material Should Be Sealed. (Illston, Susan) (Filed on 7/9/2024)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 VINCENT KEITH BELL, Plaintiff, 8 9 10 United States District Court Northern District of California 11 Case No. 13-cv-05820-SI v. CHRISTOPHER KROL, et al., Defendants. ORDER ON SEALED DOCUMENTS FILED IN CONNECTION WITH SPOLIATION SANCTIONS MOTION Re: Dkt. Nos. 265, 285, 327 12 13 On March 18, 2024, plaintiff Vincent Bell filed a motion for spoliation sanctions related to 14 a missing fourth videotape from the jail that he alleges would have captured the excessive force 15 incident in question. Dkt. No. 266. The Court denied the motion without prejudice in a pretrial 16 order issued April 17, 2024. Dkt. No. 357 at 2-3. The Court now rules on the various administrative 17 motions to seal material filed in connection with the spoliation sanctions motion, finding that the 18 “good cause” standard for sealing applies. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 19 1092, 1097 (9th Cir. 2016). 20 The Court hereby ORDERS as follows: 21 22 Plaintiffs’ Motion for Spoliation Sanctions: 23 24 25 26 27 28 Document or Portions of Evidence Offered in Support Document to Be Sealed of Sealing Highlighted portions of See Dkt. No. 286. Plaintiff’s brief at: -Page 3, lines 12-19 -Page 4, lines 7-13, 17-20, n.3 -Page 6, lines 14-15 -Page 7, lines 7-9, n.4 -Page 8, lines 16-22 Order GRANTED. The parties shall re-file the brief on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024. 1 2 3 4 Exhibit 11 to Declaration of See Dkt. No. 286. Elizabeth A. Heckmann in Support of Plaintiff’s Motion for Spoliation Sanctions (Court-Ordered Declaration of Sergeant Luquin) 5 6 7 8 9 Exhibit 12 to Declaration of See Dkt. No. 286. Elizabeth A. Heckmann in Support of Plaintiff’s Motion for Spoliation Sanctions (Court-Ordered Declaration of John Ramirez) 10 United States District Court Northern District of California 11 12 13 14 Exhibit 13 to Declaration of See Dkt. No. 286. Elizabeth A. Heckmann in Support of Plaintiff’s Motion for Spoliation Sanctions (Second Amended Declaration of John Ramirez) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 GRANTED, as to ¶¶ 3 and 5. DENIED, as to ¶¶ 2 and 8, as defendants do not seek to seal these portions. The parties shall re-file Exhibit 11 on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024. GRANTED, as to ¶¶ 4, 5, 7, 8, and 10. DENIED as to the remainder, as defendants do not seek to seal these portions. The parties shall re-file Exhibit 12 on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024. GRANTED, as to ¶¶ 5, 7, 8, 9, 10, 12, 15, 17, and 18. DENIED as to the remainder, as defendants do not seek to seal these portions. The parties shall re-file Exhibit 13 on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024. GRANTED. Exhibit 14 to Declaration of See Dkt. No. 286. Elizabeth A. Heckmann in Support of Plaintiff’s Motion for Spoliation Sanctions (schematics and camera locations for Pod 3 and medical pod in San Francisco County Jail 3, entire document from Bates number CCSF_BELL-000680 to CCSF_BELL-000682 Exhibit 16 to Declaration of See Dkt. No. 286. GRANTED. Elizabeth A. Heckmann in Support of Plaintiff’s Motion for Spoliation Sanctions (camera matrix), entire document from Bates number CCSF_BELL-002921 to CCSF_BELL-002932 Exhibit 18 to Declaration of N/A. Defendants no longer DENIED. The parties shall re2 1 2 Elizabeth A. Heckmann in seek to seal this document. Support of Plaintiff’s Motion for Spoliation Sanctions file Exhibit 18 (unredacted) on the docket no later than July 19, 2024. 3 4 5 6 7 8 Defendants’ Opposition: Document or Portions of Document to Be Sealed Highlighted portions to Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions1 Evidence Offered in Support of Sealing See Dkt. Nos. 285, 285-1. Order See Dkt. Nos. 285, 285-1. GRANTED. See Dkt. Nos. 285, 285-1. GRANTED. GRANTED. • At page 4:15-18 9 United States District Court Northern District of California 10 • At page 5:6-7, 17-19 11 • At page 6:26-27 12 • At page 7:27-28 13 14 • At page 8:11-12, 16-20, 22, 23-25, 26 15 • At page 14:11 16 20 • At page 16:5-7 Highlighted portions to the Declaration of Rebecca Louie in Support of Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions 21 • 22 Highlighted portions of Exhibit D to the Declaration of Rebecca Louie in Support of Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions (CourtOrdered Declaration of Sgt. 17 18 19 23 24 25 26 At ¶ 2 27 28 The page and line citations in defendants’ proposed order on the sealing motion are incorrect. See Dkt. No. 285-2. 3 1 1 2 3 4 5 6 Luquin) • At ¶¶ 3, 5 Highlighted portions of See Dkt. Nos. 285, 285-1. Exhibit F to the Declaration of Rebecca Louie in Support of Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions (CourtOrdered Declaration of Daniel Santizo) GRANTED. 7 8 At ¶ 3 14 Highlighted portions of Exhibit L to the Declaration of Rebecca Louie in Support of Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions (For Attorney’s Eyes Only – Confidential Court-Ordered Second Amended Declaration of John Ramirez) 15 • 9 10 11 United States District Court Northern District of California • 12 13 16 17 18 19 20 21 22 23 24 25 26 27 28 GRANTED. See Dkt. Nos. 285, 285-1. GRANTED. See Dkt. Nos. 285, 285-1. GRANTED. At ¶¶ 5, 7, 8, 9, 10, 12, 15, 17, 18 Highlighted portions of Exhibit M to the Declaration of Rebecca Louie in Support of Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions (For Attorney’s Eyes Only – Confidential Court-Ordered Declaration of John Ramirez) • See Dkt. Nos. 285, 285-1. At ¶¶ 4, 5, 7, 8, 10 Exhibit N to the Declaration of Rebecca Louie in Support of Defendants’ Opposition to Plaintiff’s Motion for Spoliation Sanctions (Camera Matrix, produced as CCSF_Bell_002921, Highly Confidential – Attorney’s 4 1 Eyes Only) 2 3 4 5 6 7 Plaintiff’s Reply: Document or Portions of Document to Be Sealed Highlighted portions of Plaintiff’s Reply brief at: Evidence Offered in Support of Sealing See Dkt. No. 350. Order GRANTED. - Page 3, lines 3-6 - Page 5, lines 7-16; n.2; n.3 8 - Page 6, lines 1-3; 28 9 10 United States District Court Northern District of California 11 - Page 7, line 1 - Page 9, lines 6-8; 12-14; 1618; n.6; n.7 12 13 14 - Page 10, lines 1-2 - Page 13, n.8 15 16 17 18 19 IT IS SO ORDERED. Dated: July 9, 2024 ______________________________________ SUSAN ILLSTON United States District Judge 20 21 22 23 24 25 26 27 28 5

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