Tate v. State of California et al
Filing
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ORDER by Judge Yvonne Gonzalez Rogers Denying 15 Request to Enter Protective Order per Stipulation. (fs, COURT STAFF) (Filed on 8/6/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KAREN TATE,
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Plaintiff,
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Case No.: 12-CV-1441 YGR
ORDER DENYING REQUEST TO ENTER
PROTECTIVE ORDER PER STIPULATION
vs.
STATE OF CALIFORNIA; CALIFORNIA
DEPARTMENT OF CORRECTIONS ,
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United States District Court
Northern District of California
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Defendant(s).
The parties have submitted for the Court's approval a stipulation for protective order
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concerning confidential information that may be produced during discovery. (Dkt. No. 15
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[“Stipulation”].) Included in this Stipulation are provisions that would: (1) permit the parties to file
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under seal any pleading, motion paper, deposition transcript or other document that includes
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material designated by the filing party as confidential unless the Court “requires any further act by
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the parties as a precondition to filing of the documents under seal” [Stipulation at ¶7]; and (2)
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require counsel to inform persons viewing confidential material that the “Court has enjoined” the
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use of that information or disclosure of that information except in connection with this litigation
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[Stipulation at ¶5(b)].
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The Court cannot approve a broad protective order that, in essence, allows each party to
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select the portions of the record will be sealed and, therefore, not made part of the public record.
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See Civil L. R. 79-5, see generally Pintos v. Pacific Creditors Ass'n, 605 F.3d 665 (9th Cir. 2010).
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Nor can the Court approve a protective order that predetermines how documents designated by a
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party as confidential will be treated by the Court when offered in conjunction with dispositive
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motions or at trial. See Kamakana v. City of Honolulu, 447 F.3d 1172 (9th Cir. 2006). Rule 26(c)
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of Federal Rules of Civil Procedure requires the Court to determine whether good cause exists to
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seal any part of the record of a case. When sealing of documents is sought in connection with a
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dispositive motion or trial, the party seeking to keep the document out of the public record must
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provide the most compelling of reasons. Id.; Pintos, 605 F.3d at 678. Moreover, any sealing order
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must be narrowly tailored to remove from the public record only those portions of documents as to
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which good cause or compelling reasons have been shown.
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Accordingly, no document shall be filed under seal without a court order narrowly tailored
to cover only the documents or particular portions of the document for which good cause or
United States District Court
Northern District of California
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compelling reasons exist. If a party wishes to file a document under seal, that party must first file a
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written motion for a sealing order, setting forth facts to support a finding of good cause and
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accompanied by a proposed order that is narrowly tailored as specified above. In making any such
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request, parties shall comply with the procedures set forth in Civil L.R. 79-5.
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Finally, paragraph three of the Stipulation does not conform to this Court’s Standing Order
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concerning discovery-related disputes. Any future stipulation and proposed order shall indicate that
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with respect to any disputes over designation of confidential information or disclosure of
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confidential information to an expert will comply with this Court’s Standing Order in Civil Cases,
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paragraph 8(b).
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The parties shall revise and resubmit the proposed stipulation and order in accordance with
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this Order.
IT IS SO ORDERED.
Date: August 6, 2012
_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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