Gamez v. Gonzalez, et al.
Filing
88
ORDER (1) DENYING Defendants' Ex Parte Motion for Order to File Confidential Documents Under Seal 84 ; and (2) DENYING Plaintiff's Motion for Reconsideration 85 , signed by District Judge M. James Lorenz on 6/20/11: No later than June 27, 2011, Defendants shall make arrangements to retrieve the documents they sought to file under seal. (Hellings, J)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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FRESNO DIVISION
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12 SERGIO ALEJANDRO GAMEZ,
CDCR #C-47759
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Plaintiff,
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v.
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F. GONZALES et al.,
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Defendants.
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Civil No. 08cv1113-L(PCL)
ORDER (1) DENYING
DEFENDANTS’ EX PARTE
MOTION FOR ORDER TO FILE
CONFIDENTIAL DOCUMENTS
UNDER SEAL; AND (2) DENYING
PLAINTIFF’S MOTION FOR
RECONSIDERATION
On May 23, 2011 Defendants in this civil rights action by a state prisoner proceeding pro
19 se filed an Ex Parte Motion for Order to File Confidential Documents Under Seal, seeking to
20 seal in excess of 200 pages of exhibits and Declaration of Josh Tyree as well as in excess of 200
21 pages of exhibits. By order filed May 26, 2011 the ex parte motion was denied without
22 prejudice to renewing it, provided Defendants showed specific compelling reasons why each
23 portion of the declaration and exhibits should be sealed in light of the fact that much of what was
24 contained therein had already been disclosed by Defendants in their filings. Defendants were
25 admonished that the court would not entertain a motion for wholesale sealing of voluminous
26 documents without a specific showing supporting such a request.
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On June 1, 2011 Defendants filed another Ex Parte Motion for Order to File Confidential
28 Documents Under Seal, again requesting to seal the entirety of Josh Tyree’s declaration and
08cv1113
1 voluminous exhibits. Defendants’ June 1, 2011 ex parte motion is DENIED for failure to
2 comply with the May 26, 2011 order. No later than June 27, 2011 Defendants shall make
3 arrangements to retrieve the documents they sought to file under seal.
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On June 7, 2011 Plaintiff filed a Motion of Reconsideration [sic] of the Court’s Order of
5 Denial Without Prejudice of Ex Parte Motion for Order to File Confidential Documents Under
6 Seal, which Defendants opposed. In his motion Plaintiff requested to obtain full access to the
7 documents Defendants requested to be sealed. Because Defendants’ renewed motion is denied
8 and the documents Defendants requested to be sealed will not be used in consideration of the
9 pending motions for summary judgment, Plaintiff’s motion for reconsideration, together with his
10 request for access to the documents, is DENIED as moot.
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IT IS SO ORDERED.
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13 DATED: June 20, 2011
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M. James Lorenz
United States District Court Judge
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COPY TO:
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HON. PETER C. LEWIS
17 UNITED STATES MAGISTRATE JUDGE
18 ALL PARTIES/COUNSEL
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08cv1113
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