Elawyers Elawyers
Washington| Change

LOPEZ v. COOK, 2:03-cv-01605 KJM DAD P. (2014)

Court: District Court, E.D. California Number: infdco20140616858 Visitors: 4
Filed: Jun. 13, 2014
Latest Update: Jun. 13, 2014
Summary: ORDER KIMBERLY J. MUELLER, District Judge. Plaintiff's counsel Robert Navarro has submitted documents dated May 28, 2014 and June 5, 2014 to chambers with a request that they be sealed. Local Rule 141(a) provides that "[d]ocuments may be sealed only by written order of the Court." The request to seal "shall set forth the statutory or other authority for sealing, the requested duration, the identity, by name or category, of persons to be permitted access to the documents, and all other relevan
More

ORDER

KIMBERLY J. MUELLER, District Judge.

Plaintiff's counsel Robert Navarro has submitted documents dated May 28, 2014 and June 5, 2014 to chambers with a request that they be sealed.

Local Rule 141(a) provides that "[d]ocuments may be sealed only by written order of the Court." The request to seal "shall set forth the statutory or other authority for sealing, the requested duration, the identity, by name or category, of persons to be permitted access to the documents, and all other relevant information." Id. 141(b).

There is a strong presumption in favor of public access to court records. See Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210 (9th Cir. 2002). However, "access to judicial records is not absolute." Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Depending on the type of motion, the court applies different standards in resolving requests to seal. Id. at 1180. Here, the court need not identify the applicable standard because plaintiff has not met the threshold requirements set forth in the Local Rules. Indeed, other than the bare requests that the documents be filed under seal, counsel has not even mentioned the basis for request to seal much less suggested whether the request satisfies either of the Ninth Circuit's tests for sealing.

If counsel is inclined to resubmit his request after addressing the shortcomings identified by this order, he may wish to consult with the court's pro bono coordinator, Sujean Park, who can be reached at (916) 930-4278.

IT IS THEREFORE ORDERED that:

1. Counsel's request to file his ex parte requests under seal is denied; and

2. The Clerk of the Court is directed to return the documents to Attorney Robert Navarro.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer