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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 LIONEL RUBALCAVA, Plaintiff, 9 10 United States District Court Northern District of California 11 12 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 13 14 Plaintiff Lionel Rubalcava moves to seal a transcript of his deposition testimony (Dkt. No. 15 173-3), attached as an exhibit to the parties’ March 20, 2023 discovery letter brief regarding Mr. 16 Rubalcava’s deposition (Dkt. No. 174). Dkt. No. 173. Mr. Rubalcava represents that “large 17 portions of the document contain highly sensitive information, including personal and medical 18 information, and information which could pose a serious risk to Plaintiff were it to be 19 disseminated publicly.” Id. Defendants stipulate to Mr. Rubalcava’s request. Dkt. No. 173-1. 20 There is a strong presumption in favor of access by the public to judicial records and 21 documents accompanying dispositive motions that can be overcome only by a showing of 22 “compelling reasons supported by specific factual findings.” Kamakana v. City & Cnty. of 23 Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006) (internal quotation marks and citation omitted). 24 However, the presumption does not apply equally to a motion addressing matters that are only 25 “tangentially related to the merits of a case,” Ctr. for Auto Safety v. Chrysler Group, LLC, 809 26 F.3d 1092, 1101 (9th Cir.), cert. denied sub nom FCA U.S. LLC v. Ctr. for Auto Safety, 137 S. Ct. 27 38 (2016). A party seeking to seal documents or information in connection with such a motion 28 must meet the lower “good cause” standard of Fed. R. Civ. P. 26(c). Id. at 1098-99; Kamakana, 1 447 F.3d at 1179-80. 2 Mr. Rubalcava’s motion to seal concerns information disclosed in connection with a 3 discovery dispute. The underlying discovery dispute does not address the merits of the underlying 4 claims or defenses, and the Court therefore applies the “good cause” standard of Rule 26(c). The 5 Court finds good cause to seal the deposition transcript. 6 7 IT IS SO ORDERED. Dated: May 22, 2023 8 9 VIRGINIA K. DEMARCHI United States Magistrate Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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