STIPULATION TO PERMIT DEFENDANTS COUNTY OF STANISLAUS AND LT. CHIFF HARPER TO FILE REPLIES TO OPPOSITION TO MOTIONS FOR SUMMARY JUDGMENT/ADJUDICATION AND ALL RELATED DOCUMENTS UNDER SEAL; ORDER

LAWRENCE J. O'NEILL, District Judge.

IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs IRINA ENGERT, RON ENGERT and ANNE ENGERT, and Defendants COUNTY OF STANISLAUS, SHERIFF ADAM CHRISTIANSON, LIEUTENANT CLIFF HARPER, SERGEANT MANUEL MARTINEZ, DEPUTY MICHAEL GLINSKAS, the ESTATE OF DEPUTY ROBERT LEE PARIS, JR.. (collectively, the "Parties"), by and through their undersigned Counsel, pursuant to Local Rules 143, 144 and 230(f) as follows:

1. Defendants COUNTY OF STANISLAUS and LIEUTENANT CLIFF HARPER filed a motion for summary judgment, or in the alternative, summary adjudication, on March 16, 2015. Defendants' motion was submitted in conjunction with a Notice of Request to Seal Documents and Request to Seal due to the Motion and related documents containing confidential peace officer personnel information and confidential medical information. The Court granted Defendants' request on March 18, 2015. (Docket No. 123)

2. Defendant SERGEANT MANUEL MARTINEZ filed a motion for summary judgment, or in the alternative, summary adjudication, on March 16, 2015. Defendant MARTINEZ's motion also was submitted in conjunction with a Request to Seal Documents on the same grounds as the COUNTY and HARPER. The Court granted Defendant Martinez's request to seal documents on March 18, 2015. (Docket No. 123)

3. Defendants DEPUTY MICHAEL GLINSKAS and the ESTATE OF DEPUTY ROBERT LEE PARIS, JR. filed a motion for summary judgment, or in the alternative, summary adjudication, on March 16, 2015. These Defendants joined in the Request to Seal Documents filed by Defendants COUNTY OF STANISLAUS and LIEUTENANT CLIFF HARPER.

4. On April 7, 2015, Plaintiffs IRINA ENGERT, ANNE ENGERT and RON ENGERT filed their Opposition to Defendants' Motions for Summary Judgment/Adjudication. For the same reasons that Defendants requested that portions of their Motion and related evidence be submitted under seal, Plaintiffs also requested that they be permitted to file their Opposition and related documents under seal. (See Docket No. 171.) On April 7, 2015, the Court granted Plaintiffs' request to file the Opposition and related materials under seal. (See Docket No. 172.)

5. Defendants COUNTY OF STANISLAUS and LT. CLIFF HARPER have prepared their Reply briefs, Reply to Plaintiffs' Responses to Defendants' Separate Statement of Undisputed Material Facts in Support of Motion for Summary Judgment/Adjudication, Response to Plaintiffs' Additional Material Facts, and Objections and Motions to Strike Evidence, which are must be filed by April 15, 2015 in accordance with the terms of the modified briefing scheduled previously endorsed by the Court (see Docket No. 125). All of the briefs and related documents that Defendants submit will incorporate and restate the confidential information that was contained in both Defendants' moving papers and Plaintiffs' Opposition thereto, as well as additional confidential information of the same nature as part of the Reply. Specifically, the information sought to be filed under seal pertains to 1) discussions regarding training and performance evaluations; 2) Deputy Paris's hearing and issues related thereto; and 3) any information reflecting or discussing a complaint lodged by Deputy Mike Veil against Deputy Paris and administrative notes reflecting steps taken by Lieutenant Cliff Harper, Sergeant Martinez and Captain Bill Duncan to address the concerns raised by Deputy Veil, as well as investigative efforts relating to same.

6. Since all other briefs, arguments, pleadings, evidence and materials pertaining to Defendants' Motion for Summary Judgment/Adjudication, and Plaintiffs' Opposition thereto, have been filed under seal, Defendants inquired of the Court on April 15, 2015, as to whether the original sealing order applicable to Defendants' Motion for Summary Judgment/Adjudication would also be applicable to their Reply and related documents and pleadings. The Court's clerk directed Defendants to file this Stipulation and Proposed Order for filing under seal.

7. In accordance with Eastern District Local Rule 141, Defendants COUNTY OF STANISLAUS and LT. CLIFF HARPER make the following designations regarding portions of the Replies and related pleadings that they request to be filed under seal:

8. The Parties believe and therefore stipulate that the foregoing documents should be sealed and/or redacted throughout the duration of this action in accordance with the aforementioned authorities and thereafter be destroyed following resolution and/or completion of this case. The Parties further stipulate that these documents should be accessible only by the named parties, their counsel and employees of counsel, the Court, and court personnel for purposes of this litigation only.

9. Based on the foregoing, the Parties stipulate and respectfully request that the District Court permit Defendants' Replies and all documents and pleadings related to the Replies to be filed under seal for the same reasons that the Court permitted the Motions for Summary Judgment/Adjudication, Plaintiffs' Opposition thereto, and all documents related to both to be filed under seal.

ORDER

Having reviewed the above stipulation and good cause appearing therefore, IT IS HEREBY ORDERED that Defendants COUNTY OF STANISLAUS and LIEUTENANT CLIFF HARPER, may file their Replies to Plaintiffs' Opposition to Defendants' Motions for Summary Judgment/Adjudication and all pleadings and documents related thereto under seal.

IT IS SO ORDERED.