Winne v. Knight et al

Filing 44

ORDER granting 39 Motion to File Under Seal, Motions for Substitution 40 , 43 . Signed by Magistrate Judge John Johnston on 10/7/2016. Mailed to Winne. (TAG, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION
MICHAEL WINNE,

CV-15-00044-H-DLC-JTJ

Plaintiff,
vs.

ORDER

CORRECTIONAL OFFICER JOSH
KNIGHT, SERGEANT WEBER, and
CANDICE NEUBAUER.
Defendants.

Pending are Defendants’ Motion for Leave to File Documents Under Seal.
(Doc. 39), Errata and Motion for Substitution (Doc. 40) and Second Errata and
Motion for Substitution (Doc. 43). Defendants previously filed copies of Plaintiff
Michael Winne’s Initial Classification Summary (ICS) which contained the name
of minors listed in a description of Mr. Winne’s criminal case. (Doc. 18-4 at 4; 303 at 4.) They move to substitute redacted versions of these documents to remove
the names of the minors. Mr. Winne opposes Defendants’ motions arguing that
some of the criminal allegations contained in the narrative were dismissed and
some statements contained therein were illegally taken. (Doc. 41.)
The actual description of Mr. Winne’s criminal case in his classification

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summary has no bearing on this case and the Court makes no determination
regarding the correctness of that description. But, Rule 5.2(a)(3) of the Federal
Rules of Civil Procedure requires that the names of minors be redacted and only
their initial be included. Mr. Winne can dispute the facts contained in the exhibits
in other proceedings but in this case and in this record the names of the minors
must be redacted.
Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for
Leave to File Documents under Seal (Doc. 39) and Motions for Substitution (Docs.
40, 43) are GRANTED.
The Clerk of Court is directed to seal Documents 18-4 and 30-3. Further,
the Clerk of Court is directed to file a copy of Document 40-1 as an attachment to
Document 18 and a copy of Document 43-1 as an attachment to Document 30.
DATED this 7th day of October 2016.

/s/ John Johnston
John Johnston
United States Magistrate Judge

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