Felarca et al v. Birgeneau et al

Filing 296

ORDER by Judge Yvonne Gonzalez Rogers granting 286 Administrative Motion to File Under Seal (fs, COURT STAFF) (Filed on 10/3/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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YVETTE FELARCA, et al.,
Plaintiffs,

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v.

United States District Court
Northern District of California

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Case No.: 11-CV-5719 YGR
ORDER GRANTING PLAINTIFFS’
ADMINISTRATIVE MOTION TO SEAL
(DKT. NO. 286)

ROBERT J. BIRGENEAU, et al.,
Defendants.

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Plaintiffs have moved to seal the following documents, attached to their proposed Fourth

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Amended Complaint (“4th AC”) filed in connection with their Motion For Leave to File Fourth

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Amended Complaint (Dkt. No. 287):
1.

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9, 2011 (Exhibit F to proposed 4th AC);
2.

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3.

Alameda County Sheriff’s Office (ACSO) Incident / Criminal Report (Exhibit G to

proposed 4th AC);
4.

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UCPD Operational Plan addendum: excerpts from U.C. Berkeley regulations

(Exhibit H to proposed 4th AC);

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University of California Police Department (UCPD) Operational Plan for November

UCPD Captain Roderick’s email to ACSO Lieutenant Madigan (Exhibit I to

proposed 4th AC);

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5.

UCPD Staffing Plan for November 9, 2011 (Exhibit J to proposed 4th AC); and

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6.

UCPD Use of Less Lethal Force Report by J. Wong (Exhibit K to proposed 4th

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AC).

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The documents have been documents have been designated as confidential by the U.C.

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Defendants and/or by the Alameda County Sheriff’s Department Defendants. Their representatives

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have filed declarations in support of sealing the documents. With respect to documents (1)-(5), the

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declarations indicate that the documents provide information about “police strategy and tactics

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which, if it became publicly available, could assist individuals in circumventing legitimate police

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activity, resulting in, among other things, endangering police officers and civilians, and escalated

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police response, which itself could endanger police officers and civilians.” (Dkt. No. 294 at 3; see

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also Dkt. No. 295.) With respect to document (6) above, the declaration indicates that the

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document is treated as a confidential personnel record and maintained as confidential within UCPD

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United States District Court
Northern District of California

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and those conducting reviews of police activity that day.
The Court finds good cause to seal the documents in connection with this non-dispositive
motion for leave to amend the complaint, based upon the declarations submitted.
The motion to seal is GRANTED. The documents are ORDERED SEALED for purposes of

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consideration of the motion in connection with which they were submitted only. Should any party

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wish to seal portions of the documents in connection with any later motion or trial, the party will

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need to make a sufficient showing at that time.

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This Order terminates Docket No. 286.

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IT IS SO ORDERED.

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Date: October 3, 2014

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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