Lukas et al v. United Behavioral Health et al, No. 2:2009cv02423 - Document 25 (E.D. Cal. 2010)

Court Description: ORDER signed by Judge William B. Shubb on 12/22/10 ORDERING that the documents comprising the trial exhibits (including the Administrative Record) submitted to the Court with Motion to Seal Documents, shall be filed under SEAL. The Court DECLINES the Request to to seal the Memorandum of Points and Authorities in support of the Motion to Seal Documents. The court also declines to order all trial briefing in this matter to be filed under seal, subject to reconsideration after the court has an oppo rtunity to review the matters set forth in the briefing. The parties should be apprised that it is not the court's intention to take the highly unusual step of sealing its findings of fact, conclusions of law, or order setting forth the reasons for its final judgment in this matter.(Mena-Sanchez, L)
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Lukas et al v. United Behavioral Health et al Doc. 25 1 Lisa S. Kantor, Esq. State Bar No. 110678 e-mail: lkantor@kantorlaw.net 2 Elizabeth K. Green, Esq. State Bar No. 199634 e-mail: egreen@kantorlaw.net 3 KANTOR & KANTOR, LLP 19839 Nordhoff Street 4 Northridge, CA 91324 Telephone: (818) 886-2525 5 Facsimile: (818) 350-6272 6 Attorneys for Plaintiffs, JENNIFER LUKAS AND JOYCE WATTERS 7 8 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO 11 JENNIFER LUKAS AND JOYCE WATTERS, 12 13 14 15 16 17 18 19 CASE NO: 2:09-CV-02423-WBS-DAD ) ) ) ) ) Plaintiffs, ) ) vs. ) ) ) UNITED BEHAVIORAL HEALTH AND IBM MEDICAL AND DENTAL ) ) EMPLOYEE WELFARE BENEFIT ) PLANS, ) ) ) Defendants. _________________________________) ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ UNOPPOSED REQUEST TO SEAL DOCUMENTS PURSUANT TO LOCAL RULE 141 20 21 22 23 24 25 26 27 28 1 Dockets.Justia.com 1 The Court having read and considered the Plaintiffs’ Request to Seal 2 Documents, there being no opposition thereto, and good cause appearing therefor, for 3 the reasons set forth in the memorandum of points and authorities submitted in 4 support of the motion, pursuant to Federal Rules of Civil Procedure 26(c) and 5.2, and 5 Local Rule 141, 6 IT IS HEREBY ORDERED that the documents comprising the trial exhibits 7 (including the Administrative Record) submitted to the Court with the Motion to Seal 8 Documents, shall be filed under seal. This order is subject to reconsideration upon the 9 application of any party or other interested third-person. 10 The court declines, however, the request to seal the Memorandum of Points and 11 Authorities in support of the Motion to Seal Documents. The court also declines to 12 order all trial briefing in this matter to be filed under seal, subject to reconsideration 13 after the court has an opportunity to review the matters set forth in the briefing. The 14 parties should be apprised that it is not the court’s intention to take the highly unusual 15 step of sealing its findings of fact, conclusions of law, or order setting forth the 16 reasons for its final judgment in this matter. 17 18 19 DATE: December 22, 2010 20 21 22 23 24 25 26 27 28 2 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA ) ) ss. 3 COUNTY OF LOS ANGELES ) 4 I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 19839 Nordhoff 5 Street, Northridge, CA 91324. 6 On December 20, 2010, I served the foregoing document described as: [PROPOSED] ORDER GRANTING PLAINTIFFS’ REQUEST TO SEAL 7 DOCUMENTS PURSUANT TO LOCAL RULE 141 on the interested parties in this action by personally serving a true copy thereof enclosed in a sealed envelope 8 addressed as follows: 9 David M. Humiston - david.humiston@sdma.com Robert C. Bohner - robert.bohner@sama.com SEDGWICK, DETERT, MORAN & ARNOLD LLP 801 South Figueroa Street, 18th Floor Los Angeles, California 90017-5556 10 11 12 13 [X] 14 15 [X] As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Northridge, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee. 16 17 18 19 20 [X] 21 22 [ ] 23 [ ] 24 25 26 27 28 (BY MAIL) I deposited such envelope in the mail at Northridge, California. The envelope was mailed with postage thereon fully prepaid. [X] (BY E-MAIL) I e-mailed such document to the e-mail address above following regular business practices. (BY FEDERAL EXPRESS) I caused such envelope to be delivered on January 19, 2005 by Federal Express to the office of the addressee so indicated . (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (FEDERAL) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. Executed on December 20, 2010 at Northridge, California. __________________________ Denise Anderson 3