Campolo v. Aetna Life Insurance Company et al

Filing 47

ORDER by Judge Claudia Wilken DENYING PLAINTIFF'S AMENDED 44 ADMINISTRATIVE MOTION FOR A SEALING ORDER. (ndr, COURT STAFF) (Filed on 4/16/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JOHN CAMPOLO,

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Plaintiff,

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United States District Court
For the Northern District of California

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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.
________________________________/

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On April 4, 2012, Plaintiff filed an amended administrative

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motion to seal, pursuant to Local Rule 79-5(d).

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evident that Plaintiff had served unredacted versions of the Trial

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Brief and Exhibit D on Defendant Aetna Life Insurance Company,

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such that it could review the motion and submit a declaration,

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pursuant to Rule 79-5(d), if it wished to support the motion to

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seal.

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It was not

Accordingly, on April 5, 2012, the Court ordered Plaintiff to

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file a certificate of service within one day, confirming that he

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had served on Defendants the unredacted versions of the brief and

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Exhibit D.

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to the motion to seal within seven days after Plaintiff’s filing

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of proof of service.

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The Court stated that it would allow Aetna to respond

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Later on April 5, 2012, Plaintiff efiled a declaration

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confirming the required service.

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declaration in support of the motion to seal, as required under

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Rule 79-5(d).

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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

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full, “the submitting party may retain the document and not make

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it part of the record in the case, or within 4 days, re-submit the

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document for filing in the public record.”

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four days Plaintiff must either withdraw his brief and Exhibit D

United States District Court
For the Northern District of California

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Accordingly, within

from the record or file unredacted versions of these items.
IT IS SO ORDERED.

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Dated:

4/16/2012

CLAUDIA WILKEN
United States District Judge

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