Filed: Feb. 23, 2018
Latest Update: Feb. 23, 2018
Summary: ORDER GRANTING IN PART AND DENYING IN PART ADMINISTRATIVE MOTIONS TO SEAL; GRANTING IN PART AND DENYING IN PART MOTION TO SEAL AT TRIAL Dkt. Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 277, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, 377 YVONNE GONZALEZ ROGERS , District Judge . Pending before the Court in this matter are the motion of plaintiff to seal limited portions of witness testimony at trial (Dkt. No. 277) and the admini
Summary: ORDER GRANTING IN PART AND DENYING IN PART ADMINISTRATIVE MOTIONS TO SEAL; GRANTING IN PART AND DENYING IN PART MOTION TO SEAL AT TRIAL Dkt. Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 277, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, 377 YVONNE GONZALEZ ROGERS , District Judge . Pending before the Court in this matter are the motion of plaintiff to seal limited portions of witness testimony at trial (Dkt. No. 277) and the adminis..
More
ORDER GRANTING IN PART AND DENYING IN PART ADMINISTRATIVE MOTIONS TO SEAL; GRANTING IN PART AND DENYING IN PART MOTION TO SEAL AT TRIAL
Dkt. Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 277, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, 377
YVONNE GONZALEZ ROGERS, District Judge.
Pending before the Court in this matter are the motion of plaintiff to seal limited portions of witness testimony at trial (Dkt. No. 277) and the administrative motions to file under seal (hereinafter "AMFUS") documents filed in connection with the parties' motions to strike expert declarations, briefing and evidentiary submissions in support of and in opposition to defendants' motion for summary judgment, and pre-trial filings (Dkt. Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, 377).
A motion to seal documents that are part of the judicial record is governed by the "compelling reasons" standard. Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. 2010). A "party seeking to seal judicial records must show that `compelling reasons supported by specific factual findings . . . outweigh the general history of access and the public policies favoring disclosure.'" Id. (quoting Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006)). The trial court must weigh relevant factors including 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." Id. at 679 n. 6 (quoting Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir.1995)). Given the importance of the competing interests at stake, any sealing order must be narrowly tailored. Civ. L.R. 79-5 (a).
With respect to the motion to seal witness testimony at trial, the motion itself is GRANTED IN PART AND DENIED IN PART. The real name of the person identified in this Court's Order of December 12, 2016 (Dkt. No. 101) shall be sealed and hereinafter referred to as "John Doe." John Doe, if called to testify, shall be sworn by his true name during a sealed session and outside the presence of the jury. Thereafter the parties shall refer to him as John Doe since his actual identity is not relevant to this case. Second, the Court shall inquire of the jury pool orally at voir dire whether any of them know them this witness by his real name. The remainder of the requests in the motion to seal witness testimony at trial are DENIED. The public interest in an open judicial process requires that the Court narrowly limit matters that are sealed. The Court does not find closing or altering the courtroom proceedings beyond these steps to be warranted. The requests to seal the motion, opposition, and reply to the motion are GRANTED as to the entirety of the documents under the lower "good cause" standard applicable to non-dispositive matters. (Dkt. Nos. 277, 294, 340.)
As to the administrative motions to file under seal ("AMFUS"), having carefully reviewed the submissions and finding compelling reasons for their sealing, the Court ORDERS that they are GRANTED IN PART, as stated below, for the specified categories of information, and for the filings associated with these motions and pre-trial submissions only, unless otherwise stated:
1. the Court will permit redaction of the real name of John Doe and any photographs of John Doe. However, sealing is not granted as to any nicknames or more general discussion of John Doe.
2. sealing is granted as to any crime scene or autopsy photographs covered by California Code of Civil Procedure section 129.;
3. sealing is granted as to any juvenile criminal records, for all purposes, absent further order of the Court;
4. sealing is granted as to the medical history of witness Latisha Meadows as stated in her deposition; and
5. sealing is granted as to the medical history and records of plaintiff stated in the expert reports of Drs. Berg and Kriegler, submitted in connection with plaintiff's motion to exclude Dr. Berg's testimony.
The motions are otherwise DENIED for failure to establish compelling reasons to seal the information. The matters in these filings go to the heart of the merits of the case. They will not be shielded from public scrutiny. The Court sets forth in detail the rulings on the pending motions below:
Defendants' AMFUS Dkt. No. 170 Defendants' Daubert Motions
Document or Portion of Evidence Offered in Support Order
Document South to be Sealed of Sealing
Page 221 of Plaintiff's Expert 12/12/16 Order, DE 101 DENIED, p. 221 is not
James Trainum's Deposition included in excerpt submitted
Portions of Plaintiff's Expert 12/12/16 Order, DE 101 GRANTED IN PART as to John
James Trainum's Expert Doe name and/or photograph
Report: Page 3, paragraph 10; only
15, paragraph 67; page 19,
paragraph 83; page 22,
paragraph 94; and page 23,
paragraph 96
Section J of Plaintiff's Expert 12/12/16 Order, DE 101 GRANTED IN PART as to John
James Trainum's Expert Doe name and/or photograph
Report, Pages 32-38, only
paragraphs 124-146
Plaintiff's AMFUS Dkt. No. 175 Plaintiffs' Motion to Exclude Fries
Document or Portion of Evidence Offered in Support Order
Document South to be Sealed of Sealing
Dr. Judy Melinek expert California Code of Civil GRANTED
report, pictures on pages 10, Procedure ("CCP") § 129
12, 17, 19, 27.
Craig Fries expert report, CCP § 129 GRANTED
pictures on pages 7, 9, 11, 12,
42; unnumbered pages in
Exhibits: D, F, H, I, M, HH
James Norris expert report, CCP § 129 GRANTED
pictures on pages 10, 11, 22.
Dr. Dan Kruger expert report, CCP § 129 GRANTED
pictures on pages 14, 51, 54,
56.
Dr. Judy Melinek rebuttal CCP § 129 GRANTED
expert report, pictures on
pages 7, 8.
Exhibit of Priscilla Lualemaga CCP § 129 GRANTED
drawings and photos with
markings on page 4
Plaintiff's AMFUS Dkt Nos. 176 Plaintiff's Motion to Exclude Berg
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Expert Report of Berg Decl. of Jael Humphrey-Skomer GRANTED
Dkt. No. 176-1
Expert Report of Dr. Julie A Decl. of Jael Humphrey-Skomer GRANTED
Kriegler Dkt. No. 176-1
Plaintiff's AMFUS Dkt Nos. 177 Plaintiff's Motion to Exclude Unretained Experts
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Emails between Plaintiff's Decl. of Jael Humphrey-Skomer GRANTED IN PART as to John
counsel and Defendants' Dkt. No. 176-1 Doe name and/or photograph
counsel 12/12/16 Order, DE 101 only
Deposition of Chief Toney Decl. of Jael Humphrey-Skomer GRANTED IN PART as to John
Chaplin, September 8, 2017, Dkt. No. 176-1 Doe name and/or photograph
page 67 12/12/16 Order, DE 101 only
Emails from Margaret Decl. of Jael Humphrey-Skomer GRANTED IN PART as to John
Baumgartner to counsel for Dkt. No. 176-1 Doe name and/or photograph
Plaintiff, September 22 & 28, 12/12/16 Order, DE 101 only
2017
Email from Anna Benvenutti Decl. of Jael Humphrey-Skomer GRANTED IN PART as to John
Hoffman to counsel for Dkt. No. 176-1 Doe name and/or photograph
Defendants, August 10, 2017 12/12/16 Order, DE 101 only
Defendants'AMFUS Dkt. No. 198 Opposition to Plaintiff's Daubert Motions
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Exhibit L copy of the Designated by Plaintiff's DENIED
excerpts of the confidential
deposition of Joshua Bradley
Exhibit GG copy of excerpts Designated by Plaintiff's GRANTED IN PART as to John
of the confidential deposition Doe name and/or photograph
transcript of Chief Toney only
Chaplin
Defendants' AMFUS Dkt. No. 207 In Support of Reply to Defendants' Daubert Motions
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Exhibit II, copy of the Plaintiff designated this as DENIED as moot
excerpts of the confidential confidential; subsequently
deposition of Linda Allen. withdrawn
Defendants' AMFUS Dkt. No. 211 Reply Brief to Defendants' Daubert Motions
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Defendants' Reply Brief to Plaintiff designated this as DENIED as moot
Defendants' Daubert Motions confidential; subsequently
withdrawn
Defendants' AMFUS In Support of Summary Judgment (Dkt Nos. 264, 265, 266, 267)
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Dkt. No. 265-5 and Dkt. No. 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
265-6, Exhibit 20 to Request John Doe name and/or
for Judicial Notice photograph only
Dkt. No. 266-3, Exhibit A — 12/12/16 Order, Dkt. No. 101 DENIED as moot
Allen Depo
Dkt. No. 266-5, Exhibit C — 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
Bradley Depo John Doe name and/or
photograph only
Dkt. No. 266-7, Exhibit D — 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
D'Amico Depo John Doe name and/or
photograph only
Dkt. No. 266-13, Exhibit G — 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
Chron John Doe name and/or
photograph only
Dkt. No. 266-21, Exhibit P — 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
Johnson Depo John Doe name and/or
photograph only
Dkt. No. 266-23, Exhibit R — 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
Malo Kuka John Doe name and/or
photograph only
Dkt. No. 266-27, Exhibit HH — 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
David Trulove Depo John Doe name and/or
photograph only
Dkt. No. 267-5, Portions of the 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
declaration of Maureen John Doe name and/or
D'Amico photograph only
Dkt. No. 267-3, Portions of the 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
declaration of Michael Johnson John Doe name and/or
photograph only
Dkt. No. 264-3, Portions of the 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
Memorandum of Points and John Doe name and/or
Authorities photograph only
Dkt. No. 264-5, Portions of the 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
Separate Statement of John Doe name and/or
Undisputed Facts photograph only
Plaintiff's AMFUS Dkt. No. 277 re: Motion to Seal At Trial
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Dkt. No. 277 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Defendants' AMFUS Dkt. No. 294 re: Oppo to Motion to Seal At Trial
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Dkt. No. 294-2 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Dkt. No. 294-3 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Dkt. No. 294-4 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Dkt. No. 294-5 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Dkt. No. 294-6 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Dkt. No. 294-7 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Dkt. No. 294-8 12/12/16 Order, Dkt. No. 101 GRANTED as to entirety
Plaintiff's AMFUS In Support of Opposition to Summary Judgment (Dkt Nos. 307, 308, 309, 310, 311)
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
All redacted portions of Philip Decl. in Supp. of Mot. GRANTED IN PART as to
Plaintiff's Response in to Seal ¶ 3 John Doe name and/or
Opposition to Motion for photograph only
Summary Judgment
All redacted portions of Philip Decl. in Supp. of Mot. GRANTED IN PART as to
Plaintiff's Responsive to Seal ¶ 3 John Doe name and/or
Separate Statement of Facts in photograph only
Opposition to Defendants'
Motion for Summary
Judgment
Plaintiff's Exhibit 35, 39, 46 Philip Decl. in Supp. of Mot. GRANTED IN PART as to
to Seal ¶ 3 John Doe name and/or
photograph only
Plaintiff's Exh. 24, 32, 33, 24 CCP § 129 GRANTED
Plaintiff's Exh. 4, 6, 7, 9, 10, Defendants designated DENIED except to the extent
11, 15, 16, 17, 19, 21, 22, 26, that the John Doe name
42, 43, 45, 49, 50, 55, 56, 57, (NOTE: no declaration from and/or photograph appears
62, 63, 64, 66, 67, 68, 69, 71, defendants filed in support) in documents. No
72, 75, 76, 77, 78, 79, 80, 81, declaration in support of
82, 84, 85, 87, 88, 90, 91, 92, sealing anything additional
93, 96, 98 was filed by the designating
party.
Plaintiff's AMFUS Dkt. No. 314 In Support of Exh. 8 In Opposition to Summary Judgment
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Plaintiff's Exh. 8 Defendants designated DENIED except to the extent
that the John Doe name
(NOTE: no declaration from and/or photograph appears
defendants filed in support) in documents. No
declaration in support of
sealing anything additional
was filed by the designating
party.
Plaintiff's AMFUS Dkt. No. 320 re Plaintiff's MIL 2
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Portions of MIL #2 12/12/16 Order, Dkt. No. 101 DENIED — portions sought to
be redacted do not include
name or photograph of John
Doe
Plaintiff's AMFUS Dkt. No. 322 re Plaintiff's MIL 3 Alleged Bad Acts of Plaintiff
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Plaintiff's Motion in Limine Philip Decl. Dkt. No. 322-1: DENIED — insufficient
#3, Exhibit A, Exhibit B Contains sensitive material support to seal
that should not be accessible
to the public
Plaintiff's AMFUS Dkt. No. 324 re Plaintiff's MIL 5 Alleged Bad Acts of Plaintiffs' Witnesses
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Plaintiff's Motion in Limine Philip Decl. Dkt. No. 324-1: DENIED — insufficient
#5 Contains sensitive material support to seal
that should not be accessible
to the public
Plaintiff's AMFUS Dkt. No. 325 re Plaintiff's MIL 6 to Ask Leading Questions of Adverse Witnesses
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Portions of Plaintiff's Motion 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to
in Limine # 6 John Doe name only
Exhibit C to Plaintiff's 12/12/16 Order, Dkt. No. 101 GRANTED
Motion in Limine #6
Defendants' AMFUS Dkt. No. 339 In Support of Defendants' MILs
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Baumgartner Decl. Exh C Baumgartner Decl.: marked as DENIED — insufficient
(D'Amico) and E (Johnson) to confidential, contain support to seal
Defendants' Motions In confidential information
Limine
Plaintiff's AMFUS Dkt. No. 340 re Plaintiff's Reply to Sealing at Trial
Document or Portion of Evidence Offered in Support Order
Document Sought to be Sealed of Sealing
Plaintiff's Reply in Support of 12/12/16 Order, Dkt. No. 101 GRANTED in its entirety.
Motion to Seal Limited
Portions of Witness
Testimony at Trial and
Exhibits (entirety)
Defendants' AMFUS Dkt. No. 361 re Defendants' Oppo to Plaintiff's MIL No. 3
Document or Portion of Evidence Offered in Ruling
Document Sought to be Sealed Support of Sealing
Defendants' Opposition to Plaintiff's GRANT
Plaintiff's Motion in Limine designation and
Number Three 12/12/16 Order, Dkt.
No. 101;
Exhibit D to the Declaration of Plaintiff's GRANT
Margaret W. Baumgartner in designation
Support of Defendants' and 12/12/16 Order,
Opposition to Plaintiff's Motion Dkt. No. 101
in Limine Number Three
Defendants' Opposition to 12/12/16 Order, Dkt. GRANT
Plaintiff's Motion in Limine No. 101
Number Five
Defendants' Opposition to 12/12/16 Order, Dkt. GRANT
Plaintiff's Motion in Limine No. 101
Number Six
Plaintiff's AMFUS Dkt No. 364 re Declaration of Dr. Dale Watson
Document or Portion of Evidence Offered in Support Order
Document South to be Sealed of Sealing
Expert Declaration of Dr. Protective Order, Dkt. No. 57 GRANT
Dale Watson contains medical information
Plaintiff's AMFUS Dkt. No. 365 re Proposed Trial Witness List
Document or Portion of Evidence Offered in Support Order
Document Sought to be of Sealing
Sealed
Redacted portions of Plaintiff 12/12/16 Order, Dkt. No. 101 GRANT
and Defendants' Proposed
Trial Exhibit Lists at
Pages 4, 10
Defendants' AMFUS Dkt. No. 370 re: Reply to Motion for Summary Judgment
Document or Portion of Evidence Offered in Support Ruling
Document Sought to be Sealed of Sealing
Portions of Reply Plaintiff's designation and GRANTED
Memorandum of Points and 12/12/16 Order, Dkt. No.
Authorities in Support of 101
Defendants' Motion for
Summary Judgment.
Supplemental Baumgartner Plaintiff's designation and GRANTED IN PART as to
Declaration Ex. KK, portions 12/12/16 Order, Dkt. No. John Doe name and/or
of the deposition of Michael 101 photograph only
Johnson.
Supplemental Baumgartner Plaintiff's designation and GRANTED IN PART as to
Declaration Ex. MM, portions 12/12/16 Order, Dkt. No. John Doe name and/or
of the deposition of Maureen 101 photograph only
D'Amico.
Supplemental Baumgartner Plaintiff's designation and GRANTED IN PART as to
Declaration Ex. NN, portions 12/12/16 Order, Dkt. No. John Doe name and/or
of the deposition of Linda 101 photograph only
Allen.
Supplemental Baumgartner Plaintiff's designation and GRANTED
Declaration Ex. QQ, portions 12/12/16 Order, Dkt. No.
of the deposition of Joshua 101
Bradley.
Plaintiff's AMFUS Dkt. No. 371 re: Exhibit List
Document or Portion of Evidence Offered in Support Order
Document Sought to be of Sealing
Sealed
Redacted portions of Plaintiff 12/12/16 Order, Dkt. No. 101 GRANTED IN PART as to John
and Defendants' Proposed Doe name and/or photograph
Trial Exhibit Lists at only
Pages 4, 10
Plaintiff's AMFUS Dkt. No. 377 re: Portions of Meadows Deposition
Document or Portion of Evidence Offered in Support Order
Document to be Sealed of Sealing
Ex. B Protective Orders, Dkt. No. GRANTED as to page 11;
(Pages 11, 58-147, of Latisha 57 because portions are GRANTED IN PART with
Meadows' deposition) medical information, and respect to page 58 and index;
under 12/12/16 Order, Dkt. may only redact John Doe's
No. 101 name
DENIED as to pages 59-147.
Accordingly, only the above documents or specified portions thereof shall remain under seal. All documents, or portions thereof, as to which a sealing request was withdrawn or sealing was denied shall be filed publically by the submitting party within seven (7) days of entry of this Order. See Civ. L.R. 79-5(f).
This terminates Docket Nos. 170, 175, 176, 177, 198, 207, 211, 264, 265, 266, 267, 277, 294, 307, 308, 309, 310, 311, 314, 320, 322, 324, 325, 339, 340, 361, 364, 365, 370, 371, and 377.
IT IS SO ORDERED.
