Opinion
Case No. 2:08-cv-00863-RCJ-GWF
01-11-2013
RICHARD CHUDACOFF, Plaintiff, v. UNIVERSITY MEDICAL CENTER, et al., Defendants.
ORDER
Motion to Seal (#541); Motion to Strike (#542)
These matters come before the Court on Defendants' Motion to Seal Subpoenas (#541), filed on August 26, 2012, and Defendants' Motion to Strike (#542), filed on August 27, 2012. Plaintiff filed a Notice of Non-Opposition (#556) to the Motion to Seal (#541) on September 13, 2012. Plaintiff filed a Response (#554) to the Motion to Strike (#542) on September 13, 2012. Defendants filed a Reply (#563) to the Response (#554) on September 19, 2012.
Defendants move to seal the Subpoenas Returned Executed (#539, #540) because they contain Plaintiff's social-security number. Plaintiff does not oppose the Motion. Under Federal Rule of Civil Procedure 5.2(d), the Court may seal documents that contain an individual's social-security number. The Court finds, however, that the balance of the subject documents' content should remain a part of the public record. Therefore, the Court will seal the documents (#539, #540), and order Defendants to re-file them with Plaintiff's social-security number redacted according to Rule 5.2(a).
Defendants also move to strike Plaintiff's Motion for Protective Order (#525). Under Local Rule 7-5(d), an emergency motion must be accompanied by a sworn affidavit (1) setting forth the nature of the emergency, (2) certifying that the movant made a sincere effort to resolve the dispute without court action, and (3) detailing when and how the other party was notified of the motion. Plaintiff drafted his Motion (#525) in the form of a letter. Defendants argue that because the Motion was not accompanied by an affidavit as specified under LR 7-5(d), it should be stricken. The Court agrees that Plaintiff's Motion for Protective Order (#525) is deficient under the Local Rules. Accordingly,
IT IS HEREBY ORDERED that Defendants' Motion to Seal Document #539 and Document #540 (#541) is granted.
IT IS FURTHER ORDERED that the Clerk of the Court shall seal Subpoena Returned Executed (#539) and Subpoena Returned Executed (#540).
IT IS FURTHER ORDERED that Defendants shall re-file the executed subpoenas (#539, #540) with Plaintiff's social-security number properly redacted under F.R.C.P. 5.2.
IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiff's Emergency Letter Motion for Protective Order (#542) is granted.
IT IS FURTHER ORDERED that Plaintiff's Emergency Motion for Protective Order (#525) be stricken.
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GEORGE FOLEY, JR.
United States Magistrate Judge