Ashker et al v. Schwarzenegger et al

Filing 718

Order by Magistrate Judge Nandor J. Vadas granting 705 Administrative Motion to File Under Seal.(njvlc1S, COURT STAFF) (Filed on 6/21/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 EUREKA DIVISION 7 8 TODD ASHKER, et al., Case No. 09-cv-05796-CW (NJV) Plaintiffs, 9 v. 10 11 MATHEW CATE, et al., United States District Court Northern District of California Defendants. ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL RE PLAINTIFFS' MOTION TO ENJOIN Re: Dkt. No. 705 12 13 The court has received Plaintiffs’ Administrative Motion to File Under Seal, and the 14 Declaration of Carmen E. Bremer in support of the same. Pursuant to Civil Local Rule 79-5(a). 15 (Doc. 705.) Plaintiffs have shown that the portions of the documents to be sealed are entitled to 16 protection under the law because they contain confidential information that Defendants claim 17 could harm CDCR institutional safety and security if disclosed. See Dugan v. Lloyds TSB Bank, 18 PLC, No. 12-cv-02549-WHA (NJV), 2013 U.S. Dist. LEXIS 51162, at *5 (N.D. Cal. Apr. 9, 19 2013) (finding that good cause may exist to seal records “if disclosure of the information might 20 harm a litigant’s competitive standing”). 21 Plaintiffs have met the “good cause” standard for sealing portions of Plaintiffs’ Motion to 22 Enjoin CDCR from Retaining Class Members in SHU (Doc. 706), together with Exhibits A 23 through F thereto, because Plaintiffs have shown that they contain confidential information that 24 Defendants claim would harm institutional safety and security, and would further compromise 25 ongoing investigations of alleged prison gang activity if disclosed. See Kamakana v. City & Cnty. 26 of Honolulu, 447 F.3d 27 1172, 1179 (9th Cir. 2006). 28 Having considered Plaintiffs’ Administrative Motion to File Under Seal and the 1 Declaration of Carmen E. Bremer in support of same, and good cause appearing therefor, 2 Plaintiffs’ Motion is hereby GRANTED. 3 4 5 6 IT IS SO ORDERED. Dated: June 21, 2017 ______________________________________ NANDOR J. VADAS United States Magistrate Judge 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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