Armstrong, et al v. Davis, et al

Filing 1955

ORDER by Judge Claudia Wilken Granting 1951 Administrative Motion to File Under Seal (ndr, COURT STAFF) (Filed on 10/17/2011)

1 DONALD SPECTER – 083925
REBEKAH EVENSON – 207825
2 PRISON LAW OFFICE
1917 Fifth Street
3 Berkeley, California 94710-1916
Telephone: [phone]
4 Facsimile: [phone]

WARREN E. GEORGE – 053588
BINGHAM McCUTCHEN LLP
Three Embarcadero Center
San Francisco, California 94111-4066
Telephone: [phone]
Facsimile: [phone]

5 LINDA D. KILB – 136101
DISABILITY RIGHTS EDUCATION &
6 DEFENSE FUND, INC.
3075 Adeline Street, Suite 201
7 Berkeley, California 94703
Telephone: [phone]
8 Facsimile: [phone]

MICHAEL W. BIEN – 096891
ERNEST GALVAN – 196065
GAY CROSTHWAIT GRUNFELD – 121944
BLAKE THOMPSON – 255600
MICHAEL FREEDMAN – 262850
ROSEN, BIEN & GALVAN, LLP
315 Montgomery Street, Tenth Floor
San Francisco, California 94104-1823
Telephone: [phone]
Facsimile: [phone]

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10 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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16 JOHN ARMSTRONG, et al.,
Plaintiffs,

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v.

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Case No. C94 2307 CW
STIPULATION AND ORDER
GRANTING ADMINISTRATIVE
MOTION TO FILE UNDER SEAL

19 EDMUND G. BROWN, JR., et al.,
Defendants.1

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The names of Defendants currently serving and their capacities have been substituted
pursuant to Fed. R. Civ. P. 25.
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[557624-1]

STIPULATION AND [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

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Plaintiffs and Defendants hereby agree and STIPULATE as follows:

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1.

On March 23, 1995, this Court entered a Protective Order in this action.

3 Attached hereto as Exhibit A is a true and correct copy of the March 23, 1995 Protective
4 Order.
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2.

On January 16, 2007, this Court entered a Modified Protective Order in this

6 action. Attached hereto as Exhibit B is a true and correct copy of the January 16, 2007
7 Modified Protective Order.
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3.

Local Rule 79-5 requires that “[n]o document may be filed under seal ...

9 except pursuant to a Court order that authorizes the sealing of the particular document, or
10 portions thereof.”
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4.

Plaintiffs’ counsel will shortly file the Reply Declaration of Blake Thompson

12 in Support of Plaintiffs’ Renewed Motion to Require Defendants to Track and
13 Accommodate Needs of Armstrong Class Members Housed in County Jails and Ensure
14 Access to a Workable Grievance Procedure, and the Exhibits thereto. These documents
15 contain “personal information” of prisoners and parolees, as defined in the Protective
16 Order and Modified Protective Order, including their names, CDCR numbers, and
17 disability status. Plaintiffs seek to file the Declarations and Exhibits under seal, as they
18 contain “personal information” of prisoners and parolees, as defined in the Protective
19 Order and Modified Protective Order.
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5.

Defendants’ counsel does not object to the filing of these documents under

6.

Consistent with Northern District Local Rule 79-5, Plaintiffs will file

21 seal.2
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23 redacted version of the Reply Declaration of Blake Thompson that omits any information
24 that identifies a prisoner or parolee. The redacted versions of the Declarations without the
25 protected exhibits, will be filed publicly, using the Court’s ECF system. Unredacted
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By stipulating to filing these documents under seal, Defendant do not waive their right to
contest the propriety of Plaintiffs’ proffer of supplemental evidence.

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[557624-1]

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STIPULATION AND [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

1 versions of the Declarations, including all exhibits, will be lodged with the Clerk of the
2 Court in sealed envelopes and will be served on counsel for Defendants by hand delivery.
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IT IS SO STIPULATED.

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5 DATED: October 12, 2011
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ROSEN, BIEN & GALVAN, LLP

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By: /s/ Gay Crosthwait Grunfeld
Gay Crosthwait Grunfeld

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Attorneys for Plaintiffs

10 DATED: October 12, 2011
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KAMALA D. HARRIS
Attorney General of the State of California
By: /s/ Scott Feudale
Scott Feudale
Deputy Attorney General

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Attorneys for Defendants

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[557624-1]

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STIPULATION AND [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL

ORDER

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Pursuant to Northern District Local Rules 79-5, 7-11, and 7-12, the Court’s

3 Protective Order of March 23, 1995, and the Court’s Modified Protective Order of
4 January 16, 2007, the Court, having reviewed the Administrative Motion to File Under
5 Seal and the Stipulation of the Parties in Support Thereof, and good cause appearing,
6 hereby issues the following order:
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It is hereby ORDERED that the Reply Declaration of Blake Thompson In Support

8 of Plaintiffs’ Renewed Motion to Require Defendants to Track and Accommodate Needs
9 of Armstrong Class Members Housed in County Jails and Ensure Access to a Workable
10 Grievance Procedure, and any attached exhibits, shall be filed in redacted form to remove
11 any personal information of prisoners and parolees. Plaintiffs shall also lodge unredacted
12 versions of the declarations, including exhibits, with the Clerk of the Court and serve a
13 copy of such documents on Defendants’ counsel.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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16 DATED: 10/17/2011
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THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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[557624-1]

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STIPULATION AND [PROPOSED] ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL