Opinion
Case No. C94 2307 CW
10-17-2011
JOHN ARMSTRONG, et al., Plaintiffs, v. EDMUND G. BROWN, JR., et al., Defendants. 1
ROSEN, BIEN & GALVAN, LLP Gay Crosthwait Grunfeld Attorneys for Plaintiffs KAMALA D. HARRIS Attorney General of the State of California Scott Feudale Deputy Attorney General Attorneys for Defendants
DONALD SPECTER - 083925
REBEKAH EVENSON - 207825
PRISON LAW OFFICE
LINDA D. KILB - 136101
DISABILITY RIGHTS EDUCATION &
DEFENSE FUND, INC.
Attorneys for Plaintiffs
WARREN E. GEORGE - 053588
BINGHAM McCUTCHEN LLP
Three Embarcadero Center
MICHAEL W. BIEN - 096891
ERNEST GALVAN - 196065
GAY CROSTHWAIT GRUNFELD - 121944
BLAKE THOMPSON - 255600
MICHAEL FREEDMAN - 262850
ROSEN, BIEN & GALVAN, LLP
STIPULATION AND ORDER GRANTING ADMINISTRATIVE MOTION TO FILE UNDER SEAL
Plaintiffs and Defendants hereby agree and STIPULATE as follows:
1. On March 23, 1995, this Court entered a Protective Order in this action. Attached hereto as Exhibit A is a true and correct copy of the March 23, 1995 Protective Order.
2. On January 16, 2007, this Court entered a Modified Protective Order in this action. Attached hereto as Exhibit B is a true and correct copy of the January 16, 2007 Modified Protective Order.
3. Local Rule 79-5 requires that "[n]o document may be filed under seal ... except pursuant to a Court order that authorizes the sealing of the particular document, or portions thereof."
4. Plaintiffs' counsel will shortly file the Reply Declaration of Blake Thompson in Support of Plaintiffs' Renewed Motion to Require Defendants to Track and Accommodate Needs of Armstrong Class Members Housed in County Jails and Ensure Access to a Workable Grievance Procedure, and the Exhibits thereto. These documents contain "personal information" of prisoners and parolees, as defined in the Protective Order and Modified Protective Order, including their names, CDCR numbers, and disability status. Plaintiffs seek to file the Declarations and Exhibits under seal, as they contain "personal information" of prisoners and parolees, as defined in the Protective Order and Modified Protective Order.
5. Defendants' counsel does not object to the filing of these documents under seal.
By stipulating to filing these documents under seal, Defendant do not waive their right to contest the propriety of Plaintiffs' proffer of supplemental evidence.
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6. Consistent with Northern District Local Rule 79-5, Plaintiffs will file redacted version of the Reply Declaration of Blake Thompson that omits any information that identifies a prisoner or parolee. The redacted versions of the Declarations without the protected exhibits, will be filed publicly, using the Court's ECF system. Unredacted versions of the Declarations, including all exhibits, will be lodged with the Clerk of the Court in sealed envelopes and will be served on counsel for Defendants by hand delivery.
IT IS SO STIPULATED.
ROSEN, BIEN & GALVAN, LLP
By:Gay Crosthwait Grunfeld
Attorneys for Plaintiffs
KAMALA D. HARRIS
Attorney General of the State of California
By: Scott Feudale
Deputy Attorney General
Attorneys for Defendants
ORDER
Pursuant to Northern District Local Rules 79-5, 7-11, and 7-12, the Court's Protective Order of March 23, 1995, and the Court's Modified Protective Order of January 16, 2007, the Court, having reviewed the Administrative Motion to File Under Seal and the Stipulation of the Parties in Support Thereof, and good cause appearing, hereby issues the following order:
It is hereby ORDERED that the Reply Declaration of Blake Thompson In Support of Plaintiffs' Renewed Motion to Require Defendants to Track and Accommodate Needs of Armstrong Class Members Housed in County Jails and Ensure Access to a Workable Grievance Procedure, and any attached exhibits, shall be filed in redacted form to remove any personal information of prisoners and parolees. Plaintiffs shall also lodge unredacted versions of the declarations, including exhibits, with the Clerk of the Court and serve a copy of such documents on Defendants' counsel.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE