Steshenko v. McKay et al

Filing 936

ORDER RE FILING UNDER SEAL. Signed by Judge Ronald M Whyte on 2/12/2015. (rmwlc2, COURT STAFF) (Filed on 2/12/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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GREGORY NICHOLAS STESHENKO,

Case No. 09-cv-05543-RS (RMW)

United States District Court
Northern District of California

Plaintiff,
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v.

ORDER RE FILING UNDER SEAL

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THOMAS MCKAY, et al.,
Defendants.

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The undersigned has been assigned to hear Plaintiff Gregory Steshenko’s Motion to

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Disqualify Judge Richard Seeborg from hearing the above captioned case. See Dkt. No. 933,

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Order Referring Motion dated February 2, 2015. The Memorandum in Support of the Motion is

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marked “***CONFIDENTIAL*** UNDER SEAL***”. Civil Local Rule 79-5 provides in part

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that “[no] document may be filed under seal, i.e., closed to inspection by the public, except

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pursuant to a Court order that authorizes the sealing of the particular document or portions

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thereof.” The Rule continues with instruction on what an administrative motion to file under seal

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must contain.

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The Undersigned has reviewed the docket and finds no order allowing the filing of Mr.

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Steshenko’s motion under seal. The only filing by Mr. Steshenko pertaining to the instant motion

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appears to be the memorandum marked as confidential. The court has reviewed the memorandum

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and questions that there is any basis for filing the motion to disqualify, or any portion thereof,

Case No. 09-cv-05543

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under seal. However, the court will give Mr. Steshenko five days from the date of this order to

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either remove the confidentiality designation from his memorandum, and file it publically on the

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docket, or apply to the court with appropriate papers supporting a request to file under seal. If Mr.

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Steshenko chooses to file the memorandum without requesting that any portion be sealed, he

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should forthwith serve a copy on opposing counsel. The motion to disqualify will then be

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considered. If Mr. Steshenko files a request to file under seal and it is denied, Mr. Steshenko will

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have four days from the denial to re-submit his memorandum for filing in the public record. If he

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does not do so, the motion to disqualify will not be considered.

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IT IS SO ORDERED.
Dated: February 12, 2015
______________________________________
Ronald M. Whyte
United States District Judge

United States District Court
Northern District of California

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Case No. 09-cv-05543

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