United States of America v. 1.41 Acres of Land et al

Filing 74

ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS AND VACATING HEARING. re 71 Protective Order.. Signed by Judge Alsup on March 12, 2015. (whalc1, COURT STAFF) (Filed on 3/12/2015)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 UNITED STATES OF AMERICA, 8 9 11 For the Northern District of California United States District Court 10 12 13 14 Plaintiff, No. C 14-01781 WHA v. 1.41 ACRES OF LAND, more or less, situated in the City of Alameda, Alameda County, State of California, and THE STATE OF CALIFORNIA, acting by and through its Department of Parks and Recreation, and the EAST BAY REGIONAL PARK DISTRICT, ORDER APPROVING STIPULATED PROTECTIVE ORDER SUBJECT TO STATED CONDITIONS AND VACATING HEARING Defendants. / 15 16 The parties appeared for a discovery hearing on February 25. Now, the parties represent 17 that they have fully resolved their discovery disputes and that entry of the stipulated protective 18 order would render the April 7 hearing moot (Dkt. Nos. 71, 73). 19 The stipulated protective order submitted by the parties is hereby APPROVED, subject to 20 the following conditions, including adherence to the Ninth Circuit’s strict caution against sealing 21 orders (as set out below): 22 1. The parties must make a good-faith determination that any 23 information designated “confidential” truly warrants protection under Rule 26(c) 24 of the Federal Rules of Civil Procedure. Designations of material as 25 “confidential” must be narrowly tailored to include only material for which there 26 is good cause. A pattern of over-designation may lead to an order un-designating 27 all or most materials on a wholesale basis. 28 2. In order to be treated as confidential, any materials filed with the Court must be lodged with a request for filing under seal in compliance with Civil 1 Local Rule 79-5. Please limit your requests for sealing to only those narrowly 2 tailored portions of materials for which good cause to seal exists. Please include 3 all other portions of your materials in the public file and clearly indicate therein 4 where material has been redacted and sealed. Each filing requires an 5 individualized sealing order; blanket prospective authorizations are no longer 6 allowed by Civil Local Rule 79-5. 7 3. Chambers copies should include all material — both redacted and 8 unredacted — so that chambers staff does not have to reassemble the whole brief 9 or declaration. Chambers copies more than two-inches thick should have exhibit tabs. Although chambers copies should clearly designate which portions are 11 For the Northern District of California United States District Court 10 confidential, chambers copies with confidential materials will be handled like all 12 other chambers copies of materials without special restriction, and will typically 13 be recycled, not shredded. 14 4. In Kamakana v. Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006), 15 the Ninth Circuit held that more than good cause, indeed, “compelling reasons” 16 are required to seal documents used in dispositive motions, just as compelling 17 reasons would be needed to justify a closure of a courtroom during trial. 18 Otherwise, the Ninth Circuit held, public access to the work of the courts will be 19 unduly compromised. Therefore, no request for a sealing order will be allowed 20 on summary judgment motions (or other dispositive motions) unless the movant 21 first shows a “compelling reason,” a substantially higher standard than “good 22 cause.” This will be true regardless of any stipulation by the parties. Counsel are 23 warned that most summary judgment motions and supporting material should be 24 completely open to public view. Only social security numbers, names of 25 juveniles, home addresses and phone numbers, and trade secrets of a compelling 26 nature (like the recipe for Coca Cola, for example) will qualify. If the courtroom 27 would not be closed for the information, nor should any summary judgment 28 proceedings, which are, in effect, a substitute for trial. Motions in limine are also 2 1 part of the trial and must likewise be laid bare absent compelling reasons. Please 2 comply fully. Noncompliant submissions are liable to be stricken in 3 their entirety. 4 5 6 5. Any confidential materials used openly in court hearings or trial will not be treated in any special manner absent a further order. 6. This order does not preclude any party from moving to 7 undesignate information or documents that have been designated as confidential. 8 The party seeking to designate material as confidential has the burden of 9 establishing that the material is entitled to protection. 7. The Court will retain jurisdiction over disputes arising from the 11 For the Northern District of California United States District Court 10 proposed and stipulated protective order for only NINETY DAYS after final 12 termination of the action. 13 14 8. The April 7 hearing is hereby VACATED. This order resolves docket numbers 52, 54, and 71. 15 16 IT IS SO ORDERED. 17 18 Dated: March 12, 2015. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28 3

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