Ashker et al v. Schwarzenegger et al

Filing 1228

Order by Magistrate Judge Robert M. Illman granting 1213 Administrative Motion to File Under Seal. (rmilc2S, COURT STAFF) (Filed on 12/18/2019)

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

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Declaration of Carmen Bremer in support of the same. Pursuant to Civil Local Rule 79-5(a),

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Plaintiffs have shown that the portions of the documents to be sealed are entitled to protection under

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the law because they contain confidential information that Defendants claim could harm CDCR

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institutional safety and security if disclosed. See Dugan v. Lloyds TSB Bank, PLC, No. 12-cv-

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02549-WHA (NJV), 2013 U.S. Dist. LEXIS 51162, at *5 (N.D. Cal. Apr. 9, 2013) (finding that good

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cause may exist to seal records “if disclosure of the information might harm a litigant’s competitive

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standing”). Plaintiffs have met the “good cause” standard for sealing Exhibit A and portions of

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Exhibit B to the Declaration of Carmen Bremer in Support of Plaintiffs’ Enforcement Motion

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Regarding Unauthorized SHU-Eligible Offense of “Participation in a Rout with an STG Nexus” (the

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“Bremer Decl. ISO Plaintiffs’ Enforcement Motion”), as well as portions of the Bremer Decl. ISO
[PROPOSED] ORDER GRANTING PLTFS’
ADMIN. MOTION TO FILE UNDER SEAL

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

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Plaintiffs’ Enforcement Motion, because Plaintiffs have shown that they contain confidential

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information that Defendants claim would harm institutional safety and security, and would further

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compromise ongoing investigations of alleged prison gang activity if disclosed. See Kamakana v.

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City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006).

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

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of Carmen Bremer in support of same, and good cause appearing therefor, Plaintiffs’ Motion is

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hereby GRANTED.

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IT IS SO ORDERED.

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Dated:

December 18, 2019
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)