Sterni v. Napa State Hospital et al
Filing
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ORDER by Judge Ronald M. Whyte Denying Without Prejudice 18 Administrative Motion to File Under Seal. (jgS, COURT STAFF) (Filed on 11/27/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MICHAEL ALLEN STERNI,
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Plaintiff,
v.
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UNIT SUPERVISOR LAPAGE,
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Defendant.
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No. C 12-5145 RMW (PR)
ORDER DENYING WITHOUT
PREJUDICE DEFENDANT’S
MOTION TO FILE UNDER
SEAL
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Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42
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U.S.C. § 1983. On February 21, 2013, the court issued an order of service upon defendant Unit
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Supervisor LaPage and directed him to file a dispositive motion or notice that such a motion was
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unwarranted. After being granted an extension of time within which to file such a motion, on
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August 22, 2013, defendant filed an administrative motion to file under seal the following
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documents: (1) motion for summary judgment and accompanying memorandum of points and
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authorities; (2) declaration of Helen Tierney, MD, in support of motion for summary judgment
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and compact disc of medical records; (3) declaration of defendant in support of motion for
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summary judgment; and (4) Rand warning to plaintiff regarding opposing the motion for
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summary judgment.
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The Northern District of California Civil Local Rule 79-5 provides specific instructions
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on how parties may move to file documents under seal. According to the commentary, “This
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Order Denying Without Prejudice Defendant’s Motion to File Under Seal
G:\PRO-SE\RMW\CR.12\Sterni145denseal.wpd
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rule is designed to ensure that the assigned Judge receives in chambers a confidential copy of the
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unredacted and complete document, annotated to identify which portions are sealable, that a
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separate unredacted and sealed copy is maintained for appellate review, and that a redacted copy
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is filed and available for public review that has the minimum redactions necessary to protect
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sealable information.”
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Here, defendant has not properly complied with the instructions set forth in Civil Local
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Rule 79-5(d). In particular, defendant has not filed an unredacted version of the documents in
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addition to providing a courtesy copy of the same. See Civ. L.R. 79-5(d)(1)(D), (d)(2). Thus,
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defendant’s motion is DENIED without prejudice. Moreover, defendant initially requested to
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seal document number 4, the Rand advisement. However, the Rand advisement contains no
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confidential information, and should not be placed under seal. Defendant is reminded that, “A
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sealing order may issue only upon a request that establishes that the document, or portions
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thereof, are privileged, protectable as a trade secret or otherwise entitled to protection under the
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law.” Civ. L.R. 79-5(b). Should defendant choose to re-file an administrative motion to seal,
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any request to seal documents must be “narrowly tailored to seek sealing only of sealable
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material.” Id.
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This order terminates docket number 18.
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IT IS SO ORDERED.
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DATED:
RONALD M. WHYTE
United States District Judge
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Order of Service; Directing Defendant to File Dispositive Motion or Notice Regarding Such Motion
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G:\PRO-SE\RMW\CR.12\Sterni145denseal.wpd
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
ALLEN STERNI,
Case Number: CV12-05145 RMW
Plaintiff,
CERTIFICATE OF SERVICE
v.
NAPA STATE HOSPITAL et al,
Defendant.
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on November 27, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
Michael Allen Sterni AL-7692
California Correctional Institution
Facility -D/ Dorm-5/Bunk #46U
Post Office Box 608
Tehachapi, CA 93581
Dated: November 27, 2013
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk
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