Bell v. Krol

Full title: VINCENT KEITH BELL, Plaintiff, v. CHRISTOPHER KROL, et al., Defendants.

Court: United States District Court, Northern District of California

Date published: Jul 9, 2024

13-cv-05820-SI (N.D. Cal. Jul. 9, 2024)

Opinion

13-cv-05820-SI

07-09-2024

VINCENT KEITH BELL, Plaintiff, v. CHRISTOPHER KROL, et al., Defendants.

SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

ORDER ON SEALED DOCUMENTS FILED IN CONNECTION WITH SPOLIATION SANCTIONS MOTION RE: DKT. NOS. 265, 285, 327

SUSAN ILLSTON UNITED STATES DISTRICT JUDGE

On March 18, 2024, plaintiff Vincent Bell filed a motion for spoliation sanctions related to a missing fourth videotape from the jail that he alleges would have captured the excessive force incident in question. Dkt. No. 266. The Court denied the motion without prejudice in a pretrial order issued April 17, 2024. Dkt. No. 357 at 2-3. The Court now rules on the various administrative motions to seal material filed in connection with the spoliation sanctions motion, finding that the “good cause” standard for sealing applies. See Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1097 (9th Cir. 2016).

The Court hereby ORDERS as follows:

Plaintiffs' Motion for Spoliation Sanctions:

Document or Portions of Document to Be Sealed	Evidence Offered in Support of Sealing	Order
Highlighted portions of Plaintiff's brief at: -Page 3, lines 12-19 -Page 4, lines 7-13, 17-20, n.3 -Page 6, lines 14-15 -Page 7, lines 7-9, n.4 -Page 8, lines 16-22	See Dkt. No. 286.	GRANTED. The parties shall re-file the brief on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024.

Exhibit 11 to Declaration of Elizabeth A. Heckmann in Support of Plaintiff's Motion for Spoliation Sanctions (Court-Ordered Declaration of Sergeant Luquin)	See Dkt. No. 286.	GRANTED, as to ¶¶ 3 and 5. DENIED, as to ¶¶ 2 and 8, as defendants do not seek to seal these portions. The parties shall re-file Exhibit 11 on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024.
Exhibit 12 to Declaration of Elizabeth A. Heckmann in Support of Plaintiff's Motion for Spoliation Sanctions (Court-Ordered Declaration of John Ramirez)	See Dkt. No. 286.	GRANTED, as to ¶¶ 4, 5, 7, 8, and 10. DENIED as to the remainder, as defendants do not seek to seal these portions. The parties shall re-file Exhibit 12 on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024.
Exhibit 13 to Declaration of Elizabeth A. Heckmann in Support of Plaintiff's Motion for Spoliation Sanctions (Second Amended Declaration of John Ramirez)	See Dkt. No. 286.	GRANTED, as to ¶¶ 5, 7, 8, 9, 10, 12, 15, 17, and 18. DENIED as to the remainder, as defendants do not seek to seal these portions. The parties shall re-file Exhibit 13 on the docket, redacting only those portions for which sealing has been granted, no later than July 19, 2024.
Exhibit 14 to Declaration of Elizabeth A. Heckmann in Support of Plaintiff's Motion for Spoliation Sanctions (schematics and camera locations for Pod 3 and medical pod in San Francisco County Jail 3, entire document from Bates number CCSF_BELL-000680 to CCSF BELL-000682	See Dkt. No. 286.	GRANTED.
Exhibit 16 to Declaration of Elizabeth A. Heckmann in Support of Plaintiff's Motion for Spoliation Sanctions (camera matrix), entire document from Bates number CCSF_BELL-002921 to CCSF BELL-002932	See Dkt. No. 286.	GRANTED.
Exhibit 18 to Declaration of	N/A. Defendants no longer	DENIED. The parties shall re-

Elizabeth A. Heckmann in Support of Plaintiff's Motion for Spoliation Sanctions

seek to seal this document.

file Exhibit 18 (unredacted) on the docket no later than July 19, 2024.

Document or Portions of Document to Be Sealed	Evidence Offered in Support of Sealing	Order
Highlighted portions to Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions1 • At page 4:15-18 • At page 5:6-7, 17-19 • At page 6:26-27 • At page 7:27-28 • At page 8:11-12, 16-20, 22, 23-25, 26 • At page 14:11 • At page 16:5-7	See Dkt. Nos. 285, 285-1.	GRANTED.
Highlighted portions to the Declaration of Rebecca Louie in Support of Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions • At ¶ 2	See Dkt. Nos. 285, 285-1.	GRANTED.
Highlighted portions of Exhibit D to the Declaration of Rebecca Louie in Support of Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions (Court-Ordered Declaration of Sgt.	See Dkt. Nos. 285, 285-1.	GRANTED.

Luquin) • At ¶¶ 3, 5
Highlighted portions of Exhibit F to the Declaration of Rebecca Louie in Support of Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions (Court-Ordered Declaration of Daniel Santizo) • At ¶ 3	See Dkt. Nos. 285, 285-1.	GRANTED.
Highlighted portions of Exhibit L to the Declaration of Rebecca Louie in Support of Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions (For Attorney's Eyes Only -Confidential Court-Ordered Second Amended Declaration of John Ramirez) • At ¶¶ 5, 7, 8, 9, 10, 12, 15, 17, 18	See Dkt. Nos. 285, 285-1.	GRANTED.
Highlighted portions of Exhibit M to the Declaration of Rebecca Louie in Support of Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions (For Attorney's Eyes Only -Confidential Court-Ordered Declaration of John Ramirez) • At ¶¶ 4, 5, 7, 8, 10	See Dkt. Nos. 285, 285-1.	GRANTED.
Exhibit N to the Declaration of Rebecca Louie in Support of Defendants' Opposition to Plaintiff's Motion for Spoliation Sanctions (Camera Matrix, produced as CCSF_Bell_002921, Highly Confidential - Attorney's	See Dkt. Nos. 285, 285-1.	GRANTED.

Eyes Only)

1 The page and line citations in defendants' proposed order on the sealing motion are incorrect. See Dkt. No. 285-2.

Plaintiff's Reply:

Document or Portions of Document to Be Sealed	Evidence Offered in Support of Sealing	Order
Highlighted portions of Plaintiff's Reply brief at: - Page 3, lines 3-6 - Page 5, lines 7-16; n.2; n.3 - Page 6, lines 1-3; 28 - Page 7, line 1 - Page 9, lines 6-8; 12-14; 16-18; n.6; n.7 - Page 10, lines 1-2 - Page 13, n.8	See Dkt. No. 350.	GRANTED.

IT IS SO ORDERED.