Concepcion v. Tilton et al

Filing 30

ORDER by Judge Saundra Brown Armstrong DENYING WITHOUT PREJUDICE 24 Motion to Seal and GRANTING 28 Ex Parte Motion for One-Day Extension to File Opposition (lrc, COURT STAFF) (Filed on 2/17/2010) Modified on 2/18/2010 (jlm, COURT STAFF).

1 2 3 4 5 6 JEFFREY CONCEPCION, 7 8

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION

Case No: C 08-2296 SBA (PR) ORDER Docket 24 and 28

Plaintiff, vs.

9 JAMES E. TILTON, Secretary, California Department of Corrections and Rehabilitation; 10 SCOTT KERNAN, Chief Deputy Secretary Adult Operations, California Department of 11 Corrections and Rehabilitation; RICK RIMMER, Correctional Safety Assistant 12 Secretary, California Department of Corrections and Rehabilitation; ROBERT HOREL, Warden 13 of Pelican Bay State Prison, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 It is possible for the Court to maintain these documents under seal until the conclusion of the case and any appellate proceedings, after which time Defendants may request that the Clerk return the confidential documents.
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Defendants.

Defendants have filed a motion to seal and to have reviewed in camera confidential documents identified as Exhibits A and B to the Declaration of Everett Fischer. (Docket 24.) Defendants seek to have these exhibits sealed by the Court for 75 years on the ground that these documents contain the identity of persons whose safety could be jeopardized in the event that their names are made public. However, Defendants have not complied with the requirements to file an entire document under seal. See L.R. 79-5(b). In addition, Defendants fail to cite any authority for the proposition that the Court has the authority to seal a document for 75 years.1 Accordingly, Defendants' Motion to File Confidential Documents Under Seal for In Camera Review is DENIED. Said denial is without prejudice to Defendants' resubmitting their motion in conformance with Local Rule 79-5 within 14 days of this Order.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

The exhibits at issue shall remain under seal pending Defendants' submission of a proper motion to seal. Also before the Court is Plaintiff's unopposed request for a one-day extension to file his opposition (Docket 28), which is GRANTED. Finally, the Court notes that there is no indication that the parties met and conferred prior to the filing of either motion, as required by the Court's Standing Orders. The parties are advised that no further motions or requests will be considered unless the submitting party certifies that it has complied with this requirement. This Order terminates Docket Nos. 24 and 28. IT IS SO ORDERED.

Dated: February 9, 2010

_______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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