Andrews v. Martinez et al

Filing 84

ORDER GRANTING IN PART DEFENDANTS' MOTION RELATING TO INCORRECTLY-FILED DOCUMENT;DIRECTING CLERK TO FILE UNDER SEAL INOCORRECTLY-FILED DOCUMENT; DIRECTING DEFENDANTS' TO FILE REDACTED COPY AND GRANTING PLAINTIFF'S REQUEST FOR COPIE S OF DOCUMENTS by Judge Yvonne Gonzalez Rogers; granting in part 80 Motion. (fs, COURT STAFF) (Filed on 11/16/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

Case 4:17-cv-04363-YGR Document 84 Filed 11/16/20 Page 1 of 3

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID ANDREWS,

Case No. 17-cv-04363-YGR (PR)

Plaintiff,
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v.
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B. MARTINEZ, et al.,
Defendants.

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ORDER GRANTING IN PART
DEFENDANTS’ MOTION RELATING TO
INCORRECTLY-FILED DOCUMENT;
DIRECTING CLERK TO FILE UNDER
SEAL INCORRECTLY-FILED
DOCUMENT; DIRECTING DEFENDANTS
TO FILE REDACTED COPY; AND
GRANTING PLAINTIFF’S REQUEST FOR
COPIES OF DOCUMENTS

This is a closed civil rights action. Plaintiff, a state prisoner proceeding pro se on appeal,

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United States District Court
Northern District of California

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has filed a request for copies of documents to comprise the excerpts of record on appeal pursuant

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to Circuit Rule 30-3. Dkt. 83. Also before the Court is Defendants’ “Motion to Remove

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Incorrectly Filed Document and Replace With a Corrected Copy.” Dkt. 82.

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I.

DEFENDANTS’ MOTION RELATING TO INCORRECTLY-FILED DOCUMENT

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Defendants filed a Notice of Motion and Motion for Summary Judgment on August 13,

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2019, including a supporting declaration from E. Galvan (Dkt. 68-3) and supporting exhibits A

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and B (Dkt. 68-4). The motion for summary judgment was granted on September 27, 2019. Dkt.

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74. Defendants have filed a motion to remove exhibit A to Galvan’s declaration (Dkt. 68-4),

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which inadvertently included personally identifying information covered by Federal Rules of Civil

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Procedure 5.2, and to replace it with a corrected copy of the exhibit that redacts the personally

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identifying information. Plaintiff opposes Defendants’ motion. Dkt. 82 .

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The Court has read and considered Defendants’ request and the corrected documents, as

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well as Plaintiff’s opposition, and finds that good cause exists to GRANT in part and DENY in

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part the request. As a preliminary matter, the Court notes that this matter is currently being

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appealed in the Ninth Circuit. In addition, the Court points out that Dkt. 68-4 to Galvan’s

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declaration contains both exhibits A and B. Thus, the Court DENIES the request to remove Dkt.

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68-4, which includes the incorrectly-filed exhibit A. Instead, the Court construes Defendants’

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request as a motion for administrative relief to file the incorrectly-filed exhibit A under seal, and it

Case 4:17-cv-04363-YGR Document 84 Filed 11/16/20 Page 2 of 3

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GRANTS such a request. The Court also GRANTS Defendants’ request to file a redacted version

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of the incorrectly-filed exhibit A. The Clerk of the Court and Defendants shall follow the

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instructions below:

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1) The Clerk is instructed to maintain under seal Dkt. 68-4, which includes exhibits A and B

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attached to Galvan’s declaration in support of Defendants’ motion for summary judgment.

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The foregoing material shall be maintained under seal and not entered individually on the

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docket until the conclusion of this case and any appellate proceedings, after which time

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they should be returned to Defendants upon timely request.
2) Within fourteen (14) days of this Order, Defendants shall separately e-file a copy of the

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redacted version of exhibit A along with a copy of exhibit B (identical to the previously-

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United States District Court
Northern District of California

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filed copy in dkt. 68-4).

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3) The Clerk shall then link the newly e-filed versions of exhibits A (redacted) and B to
Galvan’s declaration (dkt. 68-3).

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II.

PLAINTIFF’S REQUEST FOR COPIES OF DOCUMENTS
As mentioned above, Plaintiff has filed a request for copies of documents to comprise the

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excerpts of record on appeal pursuant to Circuit Rule 30-3. Dkt. 83. Although Circuit 30-1.2

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provides that appellants and appellees proceeding without counsel need not file excerpts of record

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on appeal, Circuit 30-3 provides that in cases involving appeals by prisoners proceeding without

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counsel, “the clerk of the district court shall, within 21 days from the receipt of the prisoner’s

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written request, forward to the prisoner copies of the documents to comprise the excerpts of

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record.”

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Pursuant to Circuit Rule 30-3, the Clerk is instructed to forward to Plaintiff, within

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fourteen (14) days of this Order, copies of the following requested documents: (1) Request for the

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Judge’s Standing Orders (dkt. 13); (2) Clerk’s Letter to California Training Facility (“CTF”)

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Litigation Coordinator re Service Upon Defendants (dkt. 18); (3) Clerk’s Letter to CTF Litigation

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Coordinator re service upon Defendants Hatton, Dzioba, Melendrez (dkt. 33); (4) Letter from CTF

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Litigation Coordinator re Defendant Warden S. Hatton at SVSP (dkt. 36); (5) Clerk’s Letter to

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Salinas Valley State Prison Litigation Coordinator re service upon Defendant S. Hatton (dkt. 38);
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Case 4:17-cv-04363-YGR Document 84 Filed 11/16/20 Page 3 of 3

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(6) Answer to Amended Complaint (dkt. 41); (7) Plaintiff’s Declaration in Support of His Motion

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for Summary Judgment (dkt. 46-1); (8) Plaintiff’s Separate Statement of Uncontroverted Facts in

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Support of His Motion for Summary Judgment (dkt. 57); (9) Plaintiff’s Separate Statement of

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Uncontroverted Facts in Support of His Opposition (dkt. 72-2); and (10) Plaintiff’s Opposition to

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Defendants’ Motion to Remove Incorrectly Filed Document and Replace with a Corrected Copy

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(dkt. 83 at 1-4) as well as His Declaration and the Exhibits in Support of His Opposition (dkt. 83

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at 5-12).

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The Clerk is instructed to serve a copy of this Order on the parties and the Ninth Circuit.

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This Order terminates Docket Nos. 80 and 83.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: 11/16/2020

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_____________________________________
YVONNE GONZALEZ ROGERS
United States District Judge

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cc:Copy emailed to USCA

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