Ashker et al v. Schwarzenegger et al

Filing 784

Order by Magistrate Judge Nandor J. Vadas granting 781 Administrative Motion to File Under Seal.(njvlc1, COURT STAFF) (Filed on 8/30/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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TODD ASHKER, et al.,
Plaintiffs,

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

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

Date:
Time:
Location:
Judge:

September 18, 2017
10:00 a.m.
Courtroom D, 15th Floor
Honorable Nandor J. Vadas

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[PROPOSED] ORDER GRANTING MOTION
FOR ADMINISTRATIVE RELIEF

CASE NO. 4:09-CV-05796-CW

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

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Declaration of Carmen E. 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

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

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

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

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(finding that good cause may exist to seal records “if disclosure of the information might harm

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a litigant’s competitive standing”). Plaintiffs have met the “good cause” standard for sealing

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portions of Plaintiffs’ Reply in Support of Enforcement Motion Challenging the RCGP

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Placement of Class Member (“Plaintiffs’ Reply”), together with Exhibits I and J thereto,

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because Plaintiffs have shown that they contain confidential information that Defendants claim

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

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investigations of alleged prison gang activity if disclosed. See Kamakana v. City & Cnty. of

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

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

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Declaration of Carmen E. Bremer in support of same, and good cause appearing therefor,

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Plaintiffs’ Motion is hereby GRANTED.

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IT IS SO ORDERED.

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August 30, 2017
Dated: ____________________

By:
Honorable Nandor J. Vadas
United States Magistrate Judge

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[PROPOSED] ORDER GRANTING MOTION
FOR ADMINISTRATIVE RELIEF

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CASE NO. 4:09-CV-05796-CW