RENTERIA v. CUELLAR, 2:16-cv-01685-MCE-AC. (2016)
Court: District Court, E.D. California
Number: infdco20161201f93
Visitors: 5
Filed: Nov. 30, 2016
Latest Update: Nov. 30, 2016
Summary: ORDER MORRISON C. ENGLAND, Jr. , District Judge . On November 28, 2016, Plaintiffs Efrim and Talisha Renteria filed a transcript of a state court guardianship proceeding along with a Request for Judicial Notice. ECF No. 87. That transcript identified minors who are at the center of this lawsuit by name. In response, Defendant Regina Cuellar filed a Request for Striking and Removing that transcript. ECF No. 88. Plaintiffs then filed a redacted version of the transcript and a Request to Seal
Summary: ORDER MORRISON C. ENGLAND, Jr. , District Judge . On November 28, 2016, Plaintiffs Efrim and Talisha Renteria filed a transcript of a state court guardianship proceeding along with a Request for Judicial Notice. ECF No. 87. That transcript identified minors who are at the center of this lawsuit by name. In response, Defendant Regina Cuellar filed a Request for Striking and Removing that transcript. ECF No. 88. Plaintiffs then filed a redacted version of the transcript and a Request to Seal t..
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ORDER
MORRISON C. ENGLAND, Jr., District Judge.
On November 28, 2016, Plaintiffs Efrim and Talisha Renteria filed a transcript of a state court guardianship proceeding along with a Request for Judicial Notice. ECF No. 87. That transcript identified minors who are at the center of this lawsuit by name. In response, Defendant Regina Cuellar filed a Request for Striking and Removing that transcript. ECF No. 88. Plaintiffs then filed a redacted version of the transcript and a Request to Seal the unredacted version. ECF Nos. 91-92.
The proper procedure is not to place the unredacted version under seal, but to strike it from the record. See CBS, Inc. v. United States Dist. Court, 765 F.2d 823, 825-26 (9th Cir. 1985) (concluding that an "improvidently filed" document "should be removed from the record"). Under Local Rule 140(a)(i), the minors' names should have been redacted from the document, and thus the unredacted transcript was improvidently filed.
Accordingly, it is hereby ORDERED that the Clerk of the Court shall permanently remove and delete Exhibit A to Plaintiffs' Request for Judicial Notice. ECF No. 87-1.
IT IS SO ORDERED.
Source: Leagle
