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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 8 9 YVETTE FELARCA, et al., Plaintiffs, 10 v. United States District Court Northern District of California 11 12 Case No.: 11-CV-5719 YGR ORDER GRANTING PLAINTIFFS’ ADMINISTRATIVE MOTION TO SEAL (DKT. NO. 286) ROBERT J. BIRGENEAU, et al., Defendants. 13 Plaintiffs have moved to seal the following documents, attached to their proposed Fourth 14 15 Amended Complaint (“4th AC”) filed in connection with their Motion For Leave to File Fourth 16 Amended Complaint (Dkt. No. 287): 1. 17 18 9, 2011 (Exhibit F to proposed 4th AC); 2. 19 20 3. Alameda County Sheriff’s Office (ACSO) Incident / Criminal Report (Exhibit G to proposed 4th AC); 4. 23 24 UCPD Operational Plan addendum: excerpts from U.C. Berkeley regulations (Exhibit H to proposed 4th AC); 21 22 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); 25 5. UCPD Staffing Plan for November 9, 2011 (Exhibit J to proposed 4th AC); and 26 6. UCPD Use of Less Lethal Force Report by J. Wong (Exhibit K to proposed 4th 27 28 AC). 1 The documents have been documents have been designated as confidential by the U.C. 2 Defendants and/or by the Alameda County Sheriff’s Department Defendants. Their representatives 3 have filed declarations in support of sealing the documents. With respect to documents (1)-(5), the 4 declarations indicate that the documents provide information about “police strategy and tactics 5 which, if it became publicly available, could assist individuals in circumventing legitimate police 6 activity, resulting in, among other things, endangering police officers and civilians, and escalated 7 police response, which itself could endanger police officers and civilians.” (Dkt. No. 294 at 3; see 8 also Dkt. No. 295.) With respect to document (6) above, the declaration indicates that the 9 document is treated as a confidential personnel record and maintained as confidential within UCPD 10 United States District Court Northern District of California 11 12 13 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 14 consideration of the motion in connection with which they were submitted only. Should any party 15 wish to seal portions of the documents in connection with any later motion or trial, the party will 16 need to make a sufficient showing at that time. 17 This Order terminates Docket No. 286. 18 IT IS SO ORDERED. 19 20 Date: October 3, 2014 _______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 21 22 23 24 25 26 27 28 2

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