Ashker et al v. Schwarzenegger et al

Filing 921

Order by Magistrate Judge Robert M. Illman granting 915 Administrative Motion to File Under Seal.(rmilc1s, COURT STAFF) (Filed on 11/30/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 OAKLAND DIVISION 11 TODD ASHKER, et al., 12 13 14 15 16 Plaintiffs, v. GOVERNOR OF THE STATE OF CALIFORNIA, et al., Defendants. Case No.: 4:09-cv-05796-CW CLASS ACTION ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO FILE UNDER SEAL Honorable Robert M. Illman 17 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 4:09-CV-05796-CW 1 The Court has received Plaintiffs’ Administrative Motion to File Under Seal, and the 2 Declaration of Carmen E. Bremer in support of the same. Pursuant to Civil Local Rule 79-5(a), 3 Plaintiffs have shown that the portions of the documents to be sealed are entitled to protection 4 under the law because they contain confidential information that Defendants claim could harm 5 CDCR institutional safety and security if disclosed. See Dugan v. Lloyds TSB Bank, PLC, No. 6 12-cv-02549-WHA (NJV), 2013 U.S. Dist. LEXIS 51162, at *5 (N.D. Cal. Apr. 9, 2013) 7 (finding that good cause may exist to seal records “if disclosure of the information might harm 8 a litigant’s competitive standing”). Plaintiffs have met the “good cause” standard for sealing 9 portions of Plaintiffs’ Reply in Support of Enforcement Motion Challenging the RCGP 10 Placement of an Ashker class member (“Plaintiffs’ Reply”) because Plaintiffs have shown that 11 they contain confidential information that Defendants claim would harm institutional safety and 12 security, and would further compromise ongoing investigations of alleged prison gang activity 13 if disclosed. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). 14 Having considered Plaintiffs’ Administrative Motion to File Under Seal and the 15 Declaration of Carmen E. Bremer in support of same, and good cause appearing therefor, 16 Plaintiffs’ Reply is hereby GRANTED. 17 18 IT IS SO ORDERED. 19 20 November 30 Dated: ___________________, 2017 By: Honorable Robert M. Illman United States Magistrate Judge 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING MOTION FOR ADMINISTRATIVE RELIEF 1 CASE NO. 4:09-CV-05796-CW

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