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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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.,
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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
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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 an Ashker class member (“Plaintiffs’ Reply”) because Plaintiffs have shown that
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they contain confidential information that Defendants claim would harm institutional safety and
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security, and would further compromise ongoing investigations of alleged prison gang activity
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if disclosed. See Kamakana v. City & Cnty. of 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’ Reply is hereby GRANTED.
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IT IS SO ORDERED.
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November 30
Dated: ___________________, 2017
By:
Honorable Robert M. Illman
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
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