Pajas et al v. County of Monterey et al

Filing 160

ORDER DENYING 153 PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on 9/10/2018.(blflc1S, COURT STAFF) (Filed on 7/10/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARK VASQUEZ PAJAS, et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 16-cv-00945-BLF

v.
COUNTY OF MONTEREY, et al.,
Defendants.

ORDER DENYING PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
[Re: ECF 153]

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Plaintiffs have filed an administrative motion requesting that Exhibit 234 in support of

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Plaintiffs’ Motion for Partial Summary Adjudication be sealed, as well as those portions of

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Plaintiff’s Motion for Partial Summary Adjudication which refer to Exhibit 234. Plaintiffs state

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that they bring the sealing motion “out of an abundance of caution” because, although Defendant

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County did not designate Exhibit 234 as confidential pursuant to the protective order entered in

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this case, the County produced Exhibit 234 to Plaintiffs with a prior stamp of “Confidential” on it.

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Where the moving party requests sealing of documents because they have been designated

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confidential by another party, the burden of establishing compelling reasons for sealing is placed

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on the designating party. Civ. L.R. 79-5(e). “Within 4 days of the filing of the Administrative

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Motion to File Under Seal, the Designating Party must file a declaration . . . establishing that all of

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the designated material is sealable.” Civ. L.R. 79-5(e)(1). “If the Designating Party does not file a

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responsive declaration . . . and the Administrative Motion to File Under Seal is denied, the

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Submitting Party may file the document in the public record no earlier than 4 days, and no later

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than 10 days, after the motion is denied.” Civ. L.R. 79-5(e)(2).

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Defendants did not file a declaration addressing Exhibit 234 and the time to do so has

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expired. Accordingly, Plaintiffs’ administrative sealing motion is DENIED. Plaintiffs may file

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Exhibit 234, as well as their Motion for Partial Summary Adjudication, in the public docket

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without redaction no earlier than 4 days, and no later than 10 days, after the date of this Order.

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IT IS SO ORDERED.

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Dated: July 10, 2018
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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