Ashker et al v. Schwarzenegger et al

Filing 1200

Order by Magistrate Judge Robert M. Illman granting 1169 Administrative Motion to File Under Seal. (rmilc2, COURT STAFF) (Filed on 8/9/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISION

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TODD ASHKER, et al.,

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Plaintiffs,
v.
GOVERNOR OF THE STATE OF
CALIFORNIA, et al.,
Defendants.

Case No.: 4:09-cv-05796-CW (RMI)
CLASS ACTION
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
Judge:

Honorable Robert M. Illman

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[PROPOSED] ORDER GRANTING PLTFS’
ADMIN. MOTION TO FILE UNDER SEAL

Case No. 4:09-cv-05796-CW (RMI)

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The Court has received Plaintiffs’ Administrative Motion to File Under Seal, and the

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Declaration of Samuel Miller in support of the same. Pursuant to Civil Local Rule 79-5(a), Plaintiffs

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have shown that the documents to be sealed are entitled to protection under the law because they

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contain confidential information that Defendants claim could harm CDCR institutional safety and

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security if disclosed. See Dugan v. Lloyds TSB Bank, PLC, No. 12-cv-02549-WHA (NJV), 2013 U.S.

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Dist. LEXIS 51162, at *5 (N.D. Cal. Apr. 9, 2013) (finding that good cause may exist to seal records

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“if disclosure of the information might harm a litigant’s competitive standing”). Plaintiffs have met

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the “good cause” standard for sealing Plaintiff’s Motion for Retaliation Discovery, the Declaration of

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Jules Lobel, as well as Exhibits A through O to the Lobel Declaration (collectively, the “Confidential

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Material”), because Plaintiffs have shown that they contain confidential information that Defendants

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claim would harm institutional safety and security, and would further compromise ongoing

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investigations of alleged prison gang activity if disclosed.

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Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).

See Kamakana v. City & Cnty. of

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Having considered Plaintiffs’ Administrative Motion to File Under Seal and the Declaration

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of Samuel Miller in support of same, and good cause appearing therefor, Plaintiffs’ Motion is hereby

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GRANTED.

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IT IS SO ORDERED.

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Dated: August 9, 2019
The Honorable Robert M. Illman
United States Magistrate Judge

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[PROPOSED] ORDER GRANTING PLTFS’
ADMIN. MOTION TO FILE UNDER SEAL

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Case No. 4:09-cv-05796-CW (RMI)