Opinion
Case No.: 2:15-cv-00531-MCE-KJN
04-12-2016
TAN LAM, as successor-in-interest to Decedent SONNY LAM ("aka" Son Tung Lam) and individually, Plaintiffs, v. CITY OF LOS BANOS, a municipal corporation; JAIRO ACOSTA, individually and in his official capacity as Police Officer for the CITY OF LOS BANOS; and DOES 2-50, Defendants.
DALE L. ALLEN, JR., State Bar No. 145279 dallen@aghwlaw.com PHILIP J. DOWNS, JR., State Bar No. 302939 pdowns@aghwlaw.com ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP 180 Montgomery Street, Suite 1200 San Francisco, CA 94104 Telephone: (415) 697-2000 Facsimile: (415) 813-2045 Attorneys for Defendants CITY OF LOS BANOS and JAIRO ACOSTA
DALE L. ALLEN, JR., State Bar No. 145279
dallen@aghwlaw.com
PHILIP J. DOWNS, JR., State Bar No. 302939
pdowns@aghwlaw.com
ALLEN, GLAESSNER, HAZELWOOD & WERTH, LLP
180 Montgomery Street, Suite 1200
San Francisco, CA 94104
Telephone: (415) 697-2000
Facsimile: (415) 813-2045 Attorneys for Defendants
CITY OF LOS BANOS and JAIRO ACOSTA DEFENDANTS' RE-SUBMITTED REQUEST TO SEAL DOCUMENTS AND ORDER GRANTING REQUEST TO SEAL PURSUANT TO L. R. 141, BATES DOCS NO.'S 719 - 766, & 768 - 776, INCLUSIVE Hon. Chief Judge Morrison C. England Trial: January 9, 2017
I. INTRODUCTION
With instructions provided by Magistrate Judge Kendall J. Newman's legal clerk, Defendants resubmit this Request to Seal documents numbered as BATES "COLB (Lam) 719 - 766" & "COLB (LAM) 768 - 776", inclusive. This Request is submitted pursuant to E.D. L.R. Rule 141, and in accordance with the Parties' stipulated Protective Order signed by Magistrate Judge Kendall J. Newman. /// ///
II. FACT BACKGROUND
Defendants produced the documents "719 -766" on March 30, 2016 to plaintiff's counsel Ms. Melissa Nold, in person. Defendants produced to Plaintiff's counsel, via email and mail, a copy of documents "768 - 776". Copies of the same are submitted along with this request. Defendants met and conferred with counsel on April 4, 2016, and again on April 7, 2016. Defendants informed counsel that Defendants intended to request those records be sealed. Defendants asked whether counsel had any objections. Counsel did not. (Declaration of Philip Downs). /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// ///
III. REQUEST TO SEAL
Defendants propose and request that BATES documents attached herein be sealed in order to prevent the sensitive, personal subject matter contained therein from being viewed by the public. Further, sealing these documents preemptively will obviate the need for the Parties to later request leave of court to file documents under seal as attached exhibits to, e.g., to moving papers on an ad hoc basis. Defendants wish to avoid dealing with possible, mistaken public disclosure of such sensitive subject matter after the error has occurred. Therefore, Defendants request the Court order BATES documents "COLB (Lam) 719 - 766" & "COLB (LAM) 768 - 776", inclusive, be sealed.
Respectfully submitted, Dated: April 7, 2016
ALLEN, GLAESSNER,
HAZELWOOD & WERTH, LLP
By: /s/ Philip J . Downs, Jr.
DALE L. ALLEN, JR.
PHILIP J. DOWNS, JR.
Attorneys for Defendants
CITY OF LOS BANOS and JAIRO ACOSTA
IT IS SO ORDERED. Dated: April 12, 2016
/s/_________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT