Breazeale et al v. Victim Services, Inc. d/b/a CorrectiveSolutions et al

Filing 201

ORDER TO SHOW CAUSE. Show Cause Response due by 3/8/2018. Signed by Judge Vince Chhabria on 3/1/2018. (vclc1S, COURT STAFF) (Filed on 3/1/2018)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

KEVIN BREAZEALE, et al.,

Case No. 14-cv-05266-VC

Plaintiffs,
ORDER TO SHOW CAUSE

v.

Re: Dkt. Nos. 176, 181
VICTIM SERVICES, INC. D/B/A
CORRECTIVESOLUTIONS, et al.,
Defendants.

The defendants are ordered to show cause why they should not be sanctioned for seeking
to seal documents that are plainly related to the core subject matter of this litigation. The
agreements between Victim Services, National Corrective Group, Mats Jonsson, Birch Grove
Holdings, and American Justice Solutions, as well as the training and policy manuals used by the
defendants and their affiliates, all appear highly relevant to this litigation and appear to meet both
the compelling reasons and the good cause standard for disclosure. See Ctr. for Auto Safety v.
Chrysler Grp., LLC, 809 F.3d 1092, 1096-99 (9th Cir. 2016). To the extent these documents
relate to the defendants' arrangements with district attorney's offices in California and the
defendants' conduct pursuant to those agreements, these documents would presumably be easily
subject to disclosure under the California Public Records Act – the conduct of an agent of the
government in the exercise of the government's police power may generally not be concealed.
Therefore, it is difficult to understand how these materials could possibly be concealed from the
public in connection with this litigation.
The defendants are ordered to show cause why they should not be sanctioned pursuant to
Federal Rules of Civil Procedure 11 and 37(a)(5), 29 U.S.C. § 1927, and/or the Court's inherent

authority for seeking to seal these documents. The defendants must file a joint written response
to this order by March 8, 2018. If the plaintiffs wish to file a response, they may do so by March
15, 2018. Any reply must be filed by March 22, 2018. The Court will schedule a hearing on the
order to show cause if necessary following review of the written submissions.
IT IS SO ORDERED.
Dated: March 1, 2018
______________________________________
VINCE CHHABRIA
United States District Judge

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