Campolo v. Aetna Life Insurance Company et al

Filing 47


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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 JOHN CAMPOLO, 8 Plaintiff, 9 United States District Court For the Northern District of California 10 11 12 13 v. AETNA LIFE INSURANCE COMPANY; OFFICE DEPOT TEMPORARY DISABILITY PLAN; OFFICE DEPOT LONG TERM DISABILITY PLAN, No. C 10-5634 CW ORDER DENYING PLAINTIFF'S AMENDED ADMINISTRATIVE MOTION FOR A SEALING ORDER, Docket No. 44. Defendants. ________________________________/ 14 15 On April 4, 2012, Plaintiff filed an amended administrative 16 motion to seal, pursuant to Local Rule 79-5(d). 17 evident that Plaintiff had served unredacted versions of the Trial 18 Brief and Exhibit D on Defendant Aetna Life Insurance Company, 19 such that it could review the motion and submit a declaration, 20 pursuant to Rule 79-5(d), if it wished to support the motion to 21 seal. 22 It was not Accordingly, on April 5, 2012, the Court ordered Plaintiff to 23 file a certificate of service within one day, confirming that he 24 had served on Defendants the unredacted versions of the brief and 25 Exhibit D. 26 to the motion to seal within seven days after Plaintiff’s filing 27 of proof of service. 28 The Court stated that it would allow Aetna to respond 1 Later on April 5, 2012, Plaintiff efiled a declaration 2 confirming the required service. 3 declaration in support of the motion to seal, as required under 4 Rule 79-5(d). 5 Aetna has failed to file a Therefore, the motion to seal is denied. Under Local Rule 79-5(e), when a motion to seal is denied in 6 full, “the submitting party may retain the document and not make 7 it part of the record in the case, or within 4 days, re-submit the 8 document for filing in the public record.” 9 four days Plaintiff must either withdraw his brief and Exhibit D United States District Court For the Northern District of California 10 11 Accordingly, within from the record or file unredacted versions of these items. IT IS SO ORDERED. 12 13 14 Dated: 4/16/2012 CLAUDIA WILKEN United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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