Ashker et al v. Schwarzenegger et al

Filing 259

ORDER by Judge Claudia WilkenGRANTING IN PART DEFENDANTS 250 MOTION TO SEAL (ndr, COURT STAFF) (Filed on 8/2/2013)

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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.,
Plaintiffs,

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No. C 09-5796 CW
ORDER GRANTING IN
PART DEFENDANTS’
MOTION TO SEAL
(Docket No. 250)

v.

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GOVERNOR OF THE STATE OF
CALIFORNIA, et al.,

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Defendants.
________________________________/

United States District Court
For the Northern District of California

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Defendants move to seal portions of two declarations filed in

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opposition to Plaintiffs’ motion for class certification.

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Plaintiffs have not filed an opposition to Defendants’ motion.

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For the reasons set forth below, the motion is granted in part and

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denied in part.

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The public interest favors filing all court documents in the

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public record.

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seal must demonstrate good cause to do so.

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Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010).

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be established simply by showing that the document is subject to a

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protective order or by stating in general terms that the material

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is considered to be confidential, but rather must be supported by

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a sworn declaration demonstrating with particularity the need to

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file each document under seal.

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Thus, any party seeking to file a document under
Pintos v. Pac.
This cannot

See Civil Local Rule 79–5(a).

Here, Defendants seek to seal Exhibit A to the declaration of

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J. Zubiate.

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attorney regarding legal matters, it is privileged and therefore

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sealable.

Because Exhibit A is a letter from Zubiate to his

Civil L.R. 79-5(a) (“A sealing order may issue only

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upon a request that establishes that the document, or portions

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thereof is privileged or protectable as a trade secret or

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otherwise entitled to protection under the law.”).

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Defendants also seek to seal certain exhibits and excerpts of

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J. Bryan Elrod’s declaration.

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to seal identify several non-party inmates whose safety may be put

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in jeopardy if their names are publicly disclosed.

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J. Frisk ¶¶ 7-8.

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for sealing these excerpts.

The excerpts that Defendants seek

Declaration of

Defendants have therefore established good cause
They have also established good cause

United States District Court
For the Northern District of California

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for sealing Exhibit B to Elrod’s declaration, which discloses

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specific details about the California Department of Corrections

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and Rehabilitation’s (CDCR) “debriefing” procedures.

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Defendants have not, however, demonstrated good cause for

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sealing Exhibit A in its entirety.

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Elrod wrote to a prisoners’ rights attorney (not his own)

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describing his experience at Pelican Bay, explaining his

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motivations for participating in past hunger strikes, and

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articulating his views of the instant lawsuit.

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information is duplicative of information that has already been

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disclosed in the portions of Elrod’s declaration that were filed

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in the public record.

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for sealing this letter.1

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been designated “confidential” pursuant to a protective order, the

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local rules plainly state that neither a protective order nor

Exhibit A is a letter that

Much of this

Defendants have not established good cause
Although they note that the letter has

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The first page of Exhibit A, marked RUIZ14669, is a confidential
communication between Elrod and a CDCR staff member that may be sealed
for security reasons.

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stipulation is sufficient to establish that a document is

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sealable.

Civil L.R. 79-5(a).

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CONCLUSION
For the reasons set forth above, Defendants’ motion to file

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under seal (Docket No. 250) is GRANTED in part and DENIED in part.

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Within seven days of this order, Defendants shall file in the

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public record pages RUIZ14670 through RUIZ14675 of Exhibit A to J.

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Bryan Elrod’s declaration.

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IT IS SO ORDERED.

United States District Court
For the Northern District of California

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Dated: 8/2/2013

CLAUDIA WILKEN
United States District Judge

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