Brantley et al v. Maxwell-Jolly et al

Filing 50

ORDER by Judge Saundra Brown Armstrong DENYING 43 Motion to Seal. If parties desires these documents to become part of the record, they shall electronically file them FORTHWITH (lrc, COURT STAFF) (Filed on 9/10/2009) Modified on 9/11/2009 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION LILLIE BRANTLEY, by her guardian ad Case No: C 09-3798 SBA ORDER DENYING REQUESTS TO SEAL DOCUMENTS Docket 31, 43

10 litem Chauncey McLorin; GILDA GARCIA; 11 litem Linda Gaspard-Berry, individually and 12 13 14

ALLIE JO WOODARD, by her guardian ad on behalf of all other similarly situated, Plaintiffs, vs.

15 Department of Health Care Services, State of 16 CARE SERVICES, 17 18 19 20 21 22 23 24 25 26 27 28

DAVID MAXWELL-JOLLY, Director of the California, DEPARTMENT OF HEALTH Defendants.

The parties have submitted a request to file the declaration of Rosemary Lamb under seal (Docket 31) and a request to file Plaintiffs' objections to the declaration of Rosemary Lamb under seal (Docket 43). The basis for these requests is that the declaration of Ms. Lamb, which was filed in support of Defendants' opposition to Plaintiffs' motion for preliminary injunction, contains private medical information regarding the Plaintiffs. However, upon review of the record, the information disclosed in Ms. Lamb's declaration also is contained in the declarations submitted by Plaintiffs in support of their motion. None of Plaintiffs' declarations were filed under seal. As such, there is no reason for sealing Ms. Lamb's declaration or Plaintiffs' objections. Accordingly,

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IT IS HEREBY ORDERED THAT the request to file the declaration of Rosemary Lamb under seal (Docket 31) and a request to file Plaintiffs' objections to the declaration of Rosemary Lamb under seal (Docket 43) are DENIED. If the parties desires these documents to be part of the record, they shall e-file them forthwith. IT IS SO ORDERED.

Dated: September 9, 2009 SAUNDRA BROWN ARMSTRONG United States District Judge

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