Ashker et al v. Schwarzenegger et al

Filing 1580

ORDER REQUIRING DEFENDANTS TO PRODUCE TO PLAINTIFFS UNREDACTED VERSIONS OF CERTAIN DOCUMENTS re 1548 . Signed by Judge Claudia Wilken on 2/2/22. (bns, COURT STAFF) (Filed on 2/2/2022)

Case 4:09-cv-05796-CW Document 1580 Filed 02/02/22 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TODD ASHKER, et al.,

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Plaintiffs,

United States District Court
Northern District of California

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v.
GAVIN NEWSOM, et al.,

Case No. 09-cv-05796 CW
ORDER REQUIRING DEFENDANTS
TO PRODUCE TO PLAINTIFFS
UNREDACTED VERSIONS OF
CERTAIN DOCUMENTS
(Re: Docket No. 1548)

Defendants.

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On November 19, 2021, the Court ordered Defendants to file under seal, for in camera

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review, unredacted versions of a limited set of documents relevant to Plaintiffs’ second motion to

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extend the settlement agreement. Docket No. 1548. Within two days of the date this order is

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filed, Defendants shall produce to Plaintiffs any unredacted documents that Defendants filed under

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seal for in camera review in response to the Court’s order of November 19, 2021, to the extent that

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they are cited in the Court’s order resolving Plaintiffs’ second motion to extend the settlement

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agreement. Defendants shall designate such documents as “CONFIDENTIAL – ATTORNEYS’

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EYES ONLY” and their use and disclosure shall be governed by the terms of the protective order

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in this action, Docket No. 182. The Court finds that requiring Defendants to produce these

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unredacted documents to Plaintiffs is appropriate because the documents played a role in the

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Court’s determination of Plaintiffs’ second motion to extend the settlement agreement, and

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because the protections afforded by the protective order for any documents designated as

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“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” are sufficient to ensure that the disclosure of

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sensitive information that could endanger the safety and security of an institution or person is

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limited to Plaintiffs’ counsel. See Docket No. 182 ¶ 7.4 (“Unless otherwise ordered by the Court

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or permitted in writing by the Designating Party, only Counsel for the Receiving Party may have

Case 4:09-cv-05796-CW Document 1580 Filed 02/02/22 Page 2 of 2

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access to and review any information or item designated ‘CONFIDENTIAL-ATTORNEYS’

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EYES ONLY.’”).

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IT IS SO ORDERED.

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Dated: February 2, 2022
CLAUDIA WILKEN
United States District Judge

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United States District Court
Northern District of California

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