Rubalcava v. City Of San Jose et al

Filing 185

Order by Magistrate Judge Virginia K. DeMarchi granting 173 Administrative Motion to File Under Seal. (vkdlc1, COURT STAFF) (Filed on 5/22/2023)

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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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LIONEL RUBALCAVA,
Plaintiff,

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United States District Court
Northern District of California

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Case No. 20-cv-04191-BLF (VKD)

v.
CITY OF SAN JOSE, et al.,
Defendants.

ORDER GRANTING
ADMINISTRATIVE MOTION TO
SEAL EXHIBIT TO DISCOVERY
LETTER
Re: Dkt. No. 173

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Plaintiff Lionel Rubalcava moves to seal a transcript of his deposition testimony (Dkt. No.

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173-3), attached as an exhibit to the parties’ March 20, 2023 discovery letter brief regarding Mr.

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Rubalcava’s deposition (Dkt. No. 174). Dkt. No. 173. Mr. Rubalcava represents that “large

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portions of the document contain highly sensitive information, including personal and medical

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information, and information which could pose a serious risk to Plaintiff were it to be

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disseminated publicly.” Id. Defendants stipulate to Mr. Rubalcava’s request. Dkt. No. 173-1.

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There is a strong presumption in favor of access by the public to judicial records and

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documents accompanying dispositive motions that can be overcome only by a showing of

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“compelling reasons supported by specific factual findings.” Kamakana v. City & Cnty. of

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Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (internal quotation marks and citation omitted).

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However, the presumption does not apply equally to a motion addressing matters that are only

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“tangentially related to the merits of a case,” Ctr. for Auto Safety v. Chrysler Group, LLC, 809

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F.3d 1092, 1101 (9th Cir.), cert. denied sub nom FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct.

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38 (2016). A party seeking to seal documents or information in connection with such a motion

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must meet the lower “good cause” standard of Fed. R. Civ. P. 26(c). Id. at 1098-99; Kamakana,

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447 F.3d at 1179-80.

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Mr. Rubalcava’s motion to seal concerns information disclosed in connection with a

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discovery dispute. The underlying discovery dispute does not address the merits of the underlying

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claims or defenses, and the Court therefore applies the “good cause” standard of Rule 26(c). The

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Court finds good cause to seal the deposition transcript.

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IT IS SO ORDERED.
Dated: May 22, 2023

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VIRGINIA K. DEMARCHI
United States Magistrate Judge

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United States District Court
Northern District of California

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