Opinion
NO. 2:15-CV-01751-TLN-CMK
10-26-2015
GERALD KNIGHTEN, Plaintiff, v. THE CITY OF ANDERSON; THE CITY OF ANDERSON POLICE DEPARTMENT, MICHAEL JOHNSON in his official capacity as Chief of Police for the City of Anderson Police Department; and SEAN MILLER, individually and in his official capacity as a Police Officer with the City of Anderson Police Department. Defendants.
JOHN DOUGLAS BARR California State Bar No. 40663 TROY DOUGLAS MUDFORD California State Bar No. 156392 ESTEE LEWIS California State Bar No. 268358 CATHLEEN THERESA BARR California State Bar No. 295538 BARR & MUDFORD, LLP 1824 Court Street/Post Office Box 994390 Redding, California 96099-4390 Telephone: (530) 243-8008 Facsimile: (530) 243-1648 Attorneys for Plaintiff
JOHN DOUGLAS BARR...............California State Bar No. 40663
TROY DOUGLAS MUDFORD.....California State Bar No. 156392
ESTEE LEWIS..................................California State Bar No. 268358
CATHLEEN THERESA BARR.......California State Bar No. 295538
BARR & MUDFORD, LLP
1824 Court Street/Post Office Box 994390
Redding, California 96099-4390
Telephone: (530) 243-8008 Facsimile: (530) 243-1648
Attorneys for Plaintiff PLAINTIFF'S REQUEST TO SEAL THE POLICE REPORT ATTACHED AS EXHIBIT A TO PLAINTIFF'S OPPOSITION TO DEFENDANT THE CITY OF ANDERSON, THE CITY OF ANDERSON POLICE DEPARTMENT, AND MICHAEL JOHNSON'S MOTION TO DISMISS; ORDER THERETO Date : November 5, 2015
Time : 2:00 p.m.
Dept : 2
Judge: Honorable Troy L. Nunley
Plaintiff requests to seal the Police Report authored by Redding Police Department Officer, Edward Gilmette, which is attached as Exhibit A to Plaintiff's Opposition to Defendants City of Anderson's Motion to Dismiss. (Court Doc. 11.) Plaintiff makes this request because the police report contains the birthdates of plaintiff and the two gentlemen that witnessed the event that resulted in this lawsuit.
1. Legal Authority
The request to seal documents is controlled by Federal Rule of Civil Procedure 26(c). The Rule permits the Court to issue orders to "protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including . . . requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way." Only if good cause exists may the Court seal the information from public view after balancing "the needs for discovery against the need for confidentiality.'" Pintos v. Pac. Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. Cal. 2010) (quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir. 2002)). Generally, documents filed in civil cases are presumed to be available to the public. EEOC v. Erection Co., 900 F.2d 168, 170 (9th Cir. 1990); see also Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir.2006); Foltz v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1134 (9th Cir.2003). Documents may be sealed only when the compelling reasons for doing so outweigh the public's right of access. (EEOC at 170.) In evaluating the request, the Court considers the "public interest in understanding the judicial process and whether disclosure of the material could result in improper use of the material for scandalous or libelous purposes or infringement upon trade secrets." Valley Broadcasting Co. v. United States District Court, 798 F.2d 1289, 1294 (9th Cir. 1986).
2. Request To Seal
Plaintiff requests that the Court seal page one and page three of the police report attached as Exhibit A to Plaintiff's opposition to Defendants City of Anderson's 12(b)6 Motion to Dismiss. Page one and three of the police report contain the birthdates of plaintiff and the two witnesses listed in the police report. Per FRCP 52 and Local Rule 140, all filers must redact dates of birth. Based on this rule, this Court finds that the compelling reasons for sealing dates of birth outweigh the public's right of access. Plaintiff inadvertently attached the police report without redacting the dates of birth of Plaintiff and of the two witnesses from the police report.
The redacted police report is attached hereto as Exhibit A. DATED: October 26, 2015
BARR & MUDFORD, LLP
/s/ CATHLEEN THERESA BARR
JOHN DOUGLAS BARR
CATHLEEN THERESA BARR
Attorneys for Plaintiff
ORDER
IT IS HEREBY ORDERED that pages 1 and 3 of the Police Report, attached as Exhibit A to Plaintiff's Opposition to Defendants City of Anderson's Motion to Dismiss (Court Doc. 11) be, and hereby is, redacted.
/s/_________
Troy L. Nunley
United States District Judge