Boschetti v. O'Blenis

Filing 13

ORDER by Judge Claudia Wilken DENYING DEFENDANTS 11 MOTION TO SEAL. (Attachments: # 1 Certificate/Proof of Service) (ndr, COURT STAFF) (Filed on 4/8/2013)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 PAUL BOSCHETTI, Plaintiff, 5 6 7 8 v. No. C 13-0628 CW ORDER DENYING DEFENDANT’S MOTION TO SEAL (Docket No. 11) DANIEL O’BLENIS, Defendant. ________________________________/ 9 United States District Court For the Northern District of California 10 On April 4, 2013, Defendant Daniel Everett,1 proceeding pro 11 se, filed a motion to seal the entire docket in this case. 12 not, however, provide a declaration establishing that every 13 document in this case is sealable under Civil Local Rule 79-5.2 14 He did Under that rule, the Court may only order a document to be sealed 15 if it “is privileged or protectable as a trade secret or otherwise 16 17 entitled to protection under the law.” Civil Local Rule 79-5(a). 18 While Defendant alleges that the San Francisco County Superior 19 Court -- where this action was originally filed -- previously 20 granted the parties’ joint request to seal this case, that order 21 is not binding on this Court. 22 23 If Defendant wishes to seal documents filed after he removed this case from state court, then he must file a motion to seal and 24 accompanying declaration establishing that those documents are 25 26 27 28 1 Although Defendant is named in this action as Daniel O’Blevins, he has identified himself as Daniel Everett in his motion. 2 Defendant filed this motion under section 1161.2 of the California Rules of Civil Procedure. However, as noted above, sealing motions in this Court are governed by Civil Local Rule 79-5. 1 sealable under Civil Local Rule 79-5(a). 2 so here, his motion to seal (Docket No. 11) is DENIED. 3 Because he has not done IT IS SO ORDERED. 4 5 Dated: 4/8/2013 6 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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