Opinion
2:19-cv-02017-KJM-DB
04-11-2023
Lia D. Mollica, Plaintiff, v. County of Sacramento, et al., Defendants.
ORDER
Plaintiff has submitted Exhibits N, O and P in support of her opposition to defendants' motion for summary judgment, which the court will address in a separate order. These exhibits contain third parties' medical information and other private information. For the reasons below, the court strikes Exhibits N, O and P and directs plaintiff to refile the Declaration of Mark Merin and the Exhibits attached to the declaration at ECF No. 80-3.
At hearing on the motion for summary judgment, the court informed parties it would not rely on Exhibits N and P in deciding the motion. Plaintiff attached thousands of pages of inmate grievances and responses in Exhibit N without directing the court to specific grievances or pages that are relevant and related to medical issues similar to plaintiff's. See Merin Decl. ¶ 15, ECF No. 80-3. Exhibit P provides a log of health-related grievances. Merin Decl. ¶ 17. The court is not obliged “to comb the record to find some reason to deny a motion for summary judgment,” see Carmen v. San Francisco UnifiedSch. Dist., 237 F.3d 1026, 1029 (9th Cir. 2001), and declines to do so here. Accordingly, Exhibits N and P are stricken from the record. See Fed. R. Civ. P 12(f); Atchison, Topeka & Santa Fe Ry. v. Hercules, Inc., 146 F.3d 1071, 1074 (9th Cir. 1998) (courts may strike filings and pleadings under its “inherent power to control [its] docket”).
At hearing, the court also directed plaintiff to submit a redacted version of Exhibit O, which counsel now has filed. See ECF No. 89. The unredacted version is still available on the public docket, in the same document as Exhibit P, at ECF No. 80-3. Accordingly, the Clerk of Court is directed to strike the filing at ECF No. 80-3 and the entirety of ECF Nos. 81-84 (Ex. N). Plaintiff is directed to refile the Declaration of Mark Merin, ECF No. 80-3, which may attach all the other exhibits (i.e., Exhibits A through M and Q through S), within 7 days of the filed date of this order.
IT IS SO ORDERED.