Opinion
CV 08-05321 RSWL (JCx)
12-09-2011
Margaret Morris, Plaintiff, v. Kenneth Atchity, et al., Defendants.
ORDER RE: Plaintiff's Motion to Request Sealed Document #125, Exhibit 1
[222] and Plaintiff's Motion to Request Trial Exhibits [223]
Before the Court is Plaintiff Margaret Morris's ("Plaintiff") Motion to Request Sealed Document #125, Exhibit 1 [222] and Motion to Request Trial Exhibits [223]. The Court HEREBY FINDS AND RULES AS FOLLOWS:
Both Plaintiff and Defendants have appealed the ruling of the Court and such appeal is currently pending before the Ninth Circuit, Nos. CV 11-56248, 11-56829. In order to develop her appeal brief for the Ninth Circuit Court, Plaintiff has brought a pro se request for sealed documents and Exhibits contained in the official District Court Record. Specifically, Plaintiff requests sealed Document #125, Exhibit 1, which is allegedly a copy of the derivative fictionalized novel at issue in this Action, and all Trial Exhibits listed in Document #180 that are not available for public view.
The Court finds that Plaintiff cannot properly bring the aforementioned Motions as she is not the attorney of record in this Action. Fed. R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name—or by a party personally if the party is unrepresented."). Here, Plaintiff is not unrepresented; Plaintiff's attorney of record is currently K. Brian Matlock. Accordingly, Plaintiff's Motions are DENIED because they are not properly before the Court.
IT IS SO ORDERED.
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HONORABLE RONALD S.W. LEW
Senior, U.S. District Court Judge