Bell v. Vasquez, et al

Filing 215

STIPULATION AND ORDER 212 Re: Petitioner's Administrative Motion to File and Maintain Exhibit D to Counsel's Declaration in Support of Petitioner's Opposition to Respondent's Motion to Dimsiss Under Seal. Signed by Judge Ronald M. Whyte on 6/19/12. (jg, COURT STAFF) (Filed on 6/19/2012)

1
2
3
4
5
6
7
8
9

MICHAEL SATRIS
State Bar No. 67413
MARGARET LITTLEFIELD
State Bar No. 110938
Law Offices of Michael Satris
Post Office Box 337
Bolinas, Calif. 94924
Tel: [phone]
Fax: [phone]
Email: [e-mail]

KAMALA D. HARRIS
Attorney General of California
DANE R. GILLETTE
Chief Assistant Attorney General
RONALD S. MATTHIAS
Senior Assistant Attorney General
State Bar No. 104684
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]

Attorneys for Petitioner
Ronald Lee Bell

Attorneys for Respondent and People
of the State of California, Real Party
in Interest

10
11
12
13

UNITED STATES DISTRICT COURT

14

FOR THE NORTHERN DISTRICT OF CALIFORNIA

15

SAN JOSE DIVISION

16

No. C-99-20615 RMW

17
18

STIPULATION OF THE PARTIES
AND ORDER RE: PETITIONER’S
ADMINISTRATIVE MOTION TO
FILE AND MAINTAIN EXHIBIT D
TO COUNSEL’S DECLARATION
IN SUPPORT OF PETITIONER’S
OPPOSITION TO RESPONDENT’S
MOTION TO DISMISS UNDER
SEAL.

RONALD LEE BELL,

19

Petitioner,

20
21

v.

22
23
24
25

KEVIN CHAPPELL,
Warden (Acting) of the California
State Prison at San Quentin,
Respondent.

Hearing Date: Fri. March 9, 2012
Time:
9:00 a.m.
Courtroom:
No. 6, 4th Floor
San Jose

26
27

DEATH PENALTY CASE

28
-1-

STIPULATION AND ORDER EXTENDING TIME FOR FILING
OPPOSITION TO MOTION TO DISMISS & REPLY THERETO

C-99-20615
Bell v. Chappell

1

The parties, through their counsel and pursuant to local rules 79-5, 7-11, 7-

2

12, and GO 62 hereby stipulate that copies of medical records submitted as

3

Exhibit D to the Declaration of Counsel in Support of Petitioner’s Opposition to

4

the Motion to Dismiss for Failure to Prosecute, shall be filed and maintained

5

under seal.

6
7
8

DECLARATION OF COUNSEL FOR PETITIONER IN SUPPORT OF
ADMINISTRATIVE MOTION AND STIPULATION TO FILE SPECIFIED
DOCUMENTS UNDER SEAL

9
10
11
12
13

I, Margaret Littlefield, declare under penalty of perjury of the laws of the
State of California and the United States of America:
1. I am an attorney appointed by this Court to represent Petitioner Ronald
Lee Bell.

14

2. In conjunction with Petitioner’s Opposition to Respondent’s Motion to

15

Dismiss for Failure to Prosecute and Failure to Comply With Court’s

16

Order, counsel for Petitioner intends to submit a declaration to which

17

Exhibits A through D will be attached.

18

3. Exhibit D to counsel’s declaration consists of copies of San Quentin

19

medical records on petitioner, and I have so represented to opposing

20

counsel.

21

4. Medical records are the type of document appropriately filed under seal.

22

See, e.g., Russell v. Lanier, 404 Fed. Appx. 288, 290 (10th Cir. 2010);

23

U.S. v. Williams, 445 F.3d 724, 738 (4th Cir. 2006).

24

5. Opposing counsel informs me that, based upon my representation to

25

him respecting the content of Exhibit D, he will not object to my request

26

that this Exhibit be submitted for the Court’s consideration under seal,

27

albeit with a copy also provided to him. By so agreeing, opposing

28

counsel does not concede that the information contained in Exhibit D is
-2STIPULATION AND ORDER EXTENDING TIME FOR FILING
OPPOSITION TO MOTION TO DISMISS & REPLY THERETO

C-99-20615
Bell v. Chappell

1

relevant to any of the issues presented in the pending Motion to Dismiss

2

for Failure to Prosecute and Failure to Comply With the Court’s Order.

3
4

Executed on the 10th of February, 2012, at Bolinas, Marin County,
California.
/s/

5

Margaret Littlefield

6
CONCLUSION

7
8

Based on the stipulation of the parties and the Declaration of Counsel set

9

forth herein, and for good cause shown, the Court should order that Exhibit D to

10

the Declaration of Counsel in Support of Petitioner’s Opposition to the Motion to

11

Dismiss be filed and maintained under seal.

12

Dated: February 10, 2012

13

/s/

14

Margaret Littlefield
Attorney for Petitioner Ronald Lee Bell

15
16

Margaret Littlefield

Dated: February 10, 2012

17

/s/

18

Ronald Matthias
Attorney for Respondent and People of the
State of California, Real Party in Interest

19

Ronald Matthias

20
21
22
23

PURSUANT TO STIPULATION AND FOR GOOD CAUSE SHOWN, IT IS
ORDERED THAT EXHIBIT D TO THE DECLARATION OF COUNSEL
IN SUPPORT OF PETITIONER’S OPPOSITION TO THE MOTION TO
DISMISS BE FILED UNDER SEAL.

24
25

Date:

26
27
28

RONALD M. WHYTE
United States District Judge
-3STIPULATION AND ORDER EXTENDING TIME FOR FILING
OPPOSITION TO MOTION TO DISMISS & REPLY THERETO

C-99-20615
Bell v. Chappell