Golden v. California Emergency Physicians Medical Group et al

Filing 141

ORDER DENYING IN PART AND RESERVING IN PART 139 Administrative Motion to File Under Seal. Signed by Judge Jeffrey S. White on 6/3/16. (jjoS, COURT STAFF) (Filed on 6/3/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DONALD GOLDEN,
Plaintiff,

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Case No. 10-cv-00437-JSW
ORDER DENYING IN PART AND
RESERVING IN PART STIPULATION
TO FILE UNDER SEAL

v.
CALIFORNIA EMERGENCY
PHYSICIANS MEDICAL GROUP, et al.,

Re: Dkt. No. 139

United States District Court
Northern District of California

Defendants.
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The parties have filed a stipulation to file certain exhibits to the Declaration of Richard

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Raines C. Raines under seal. The parties’ stipulation does not conform with the requirements of

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Northern District Civil Local Rule 79-5(b), which provides that

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[e]xcept as provided in Civil L.R. 79-5(c), no document may be
filed under seal (i.e., closed to inspection by the public) except
pursuant to a court order that authorizes the sealing of the particular
document, or portions thereof. A sealing order may issue only upon
a request that establishes that the document, or portions thereof, are
privileged, protectable as a trade secret or otherwise entitled to
protection under the law (hereinafter referred to as “sealable”). The
request must be narrowly tailored to seek sealing only of sealable
material, and must conform with Civil L.R. 79-5(d).
The fact that a party may have designated material as confidential, pursuant to a protective

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order, does not render that document “sealable,” as that term is defined under Local Rule 79-5.

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Defendants included Exhibit B to the Raines Declaration as part of exhibit to the

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Declaration of Sarah Robertson, and they did not seek to seal that document. Accordingly, the

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motion to seal Exhibit B to the Raines Declaration is denied.

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Under Local Rule 79-5(e), if a party seeks to file a document under seal that the opposing

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party has designated as confidential, the opposing party must submit a declaration demonstrating

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that the document is sealable. Before the Court rules on whether Exhibit F to the Raines

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De
eclaration ma be filed under seal, it will give De
ay
efendants an opportunity to comply with that
n
y

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rule.

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dants shall su
ubmit a decla
aration settin forth facts supporting their assertion that
ng
g
Defend
Exh
hibit F conta material that is “sea
ains
l
alable” by Ju 10, 2016
une
6.
IT IS SO ORDERE
ED.
Da
ated: June 3, 2016
,
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__________
___________
__________
________
JEF
FFREY S. W
WHITE
Un
nited States D
District Judg
ge

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United States District Court
Northern District of California

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