Russell v. United States Of America, No. 3:2009cv03239 - Document 238 (N.D. Cal. 2016)

Court Description: ORDER GRANTING 235 MOTION TO SEAL.(whalc2, COURT STAFF) (Filed on 8/11/2016)
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Russell v. United States Of America Doc. 238 Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 1 of 6 1 2 3 4 5 6 7 8 9 10 UNITED STATES DEPARTMENT OF JUSTICE Ruth A. Harvey Director Michael J. Quinn (D.C. Bar No. 401376) Senior Litigation Counsel Alicia M. Hunt (D.C. Bar No. 484620) Trial Attorney Commercial Litigation Branch Civil Division P.O. Box 875, Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 307-3548 Facsimile: (202) 514-9163 alicia.m.hunt@usdoj.gov michael.quinn3@usdoj.gov Attorneys for Defendant 11 15 LAW OFFICES OF S. CHANDLER VISHER S. Chandler Visher (California State Bar No. 52957) 44 Montgomery Street, Suite 3830 San Francisco, California 94104 Telephone: (415) 901-0500; Facsimile: (415) 901-0504 chandler@visherlaw.com 16 Attorney for Plaintiff Taylor Russell 12 13 14 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 SAN FRANCISCO DIVISION 21 22 23 TAYLOR RUSSELL, on behalf of himself and all others similarly situated, Plaintiff, 24 25 v. 26 UNITED STATES OF AMERICA, 27 Defendant. 28 ) ) ) ) ) ) ) ) ) ) ) Case No. C 09-03239-WHA STIPULATED ADMINISTRATIVE MOTION AND [PROPOSED] ORDER TO FILE CLASS CHECKS LIST UNDER PARTIAL SEAL AS REQUIRED BY COURT (DKT. NO. 226) ADMIN MOTION TO FILE UNDER SEAL CASE NO. C 09-03239 WHA Dockets.Justia.com Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 2 of 6 1 The parties, through their respective counsel, stipulate to request an order to file under 2 seal a list with the identifying information associated with class members eligible for settlement 3 checks as required by this Court. 4 WHEREAS, in the Order Granting Final Approval of Class Action Settlement Agreement 5 and Awarding Attorney’s Fees and Expenses, the Court ordered that: “Counsel shall file on the 6 public docket a final list of the names of the class members bound by the settlement, and shall 7 file under seal a list of their names and identifying information. The list shall indicate which 8 checks remained uncashed or were returned.” Dkt. No. 226, at 5. 9 WHEREAS the Class Administrator Kurtzman Carson Consultants (KCC), under 10 supervision of Class Counsel, compiled a class checks list reflecting the names and identifying 11 information of class members eligible for settlement checks, and whether the class member had 12 cashed the settlement check (Class Checks List). The Class Checks List contains a Claim ID 13 number that KCC used for each authorized settlement check, the class member’s name, and the 14 amount of the settlement check. The Army and Air Force Exchange Service (Exchange or 15 AAFES) also provided KCC with a list of settlement checks it subsequently issued to unpaid 16 class members that cleared, and KCC incorporated AAFES’ cashed check data into the list. In 17 the “Status” column, “C” means the check was cashed and “U” means it was not cashed or was 18 not issued because no valid address could be found for the class member. The “SS#” column 19 contains the class member’s social security number. 20 WHEREAS, as required by Local Rule 79-5(d)(1)(A), attached as Exhibit 1 is a 21 declaration of Alicia M. Hunt establishing that the identifying information on the Class Checks 22 List created by KCC is sealable. 23 WHEREAS, as required by Local Rule 79-5(d)(1)(C), attached as Exhibit 2 is a redacted 24 version of the Class Checks List, which is a list of the names of the class members eligible for 25 settlement checks with identifying information redacted. The exhibit is labeled “Redacted 26 Version of Document Sought To Be Sealed.” The redacted version of the Class Checks List was 27 also filed as Exhibit A to the Final Report. 28 -1ADMIN MOTION TO FILE UNDER SEAL CASE NO. C 09-03239 WHA Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 3 of 6 1 WHEREAS, as required by Local Rule 79-5(d)(1)(D), attached as Exhibit 3 is the 2 unredacted version of the document. The identifying information to be sealed is the Social 3 Security number information listed in the column marked “SS #”, and the exhibit reflects the 4 notation that it is an “Unredacted Version of Document Sought To Be Sealed.” 5 IT IS SO STIPULATED. 6 7 8 Dated: August 1, 2016 9 BENJAMIN C. MIZER Principal Deputy Assistant Attorney General 10 RUTH A. HARVEY Director 11 12 13 /s/ Alicia M. Hunt 14 ALICIA M. HUNT (D.C. Bar. No. 484620) Trial Attorney MICHAEL J. QUINN (D.C. Bar No. 401376) Senior Litigation Counsel Commercial Litigation Branch Civil Division P.O. Box 875 Ben Franklin Station Washington, D.C. 20044-0875 Telephone: (202) 307-3548 Facsimile: (202) 514-9163 15 16 17 18 19 20 21 22 Attorneys for Defendant 23 24 25 Respectfully submitted, I, Alicia M. Hunt, hereby attest that I have received approval to file this document from the other signatories whose signatures are indicated below by a “conformed” signature (/s/). 26 27 Dated: August 1, 2016 Respectfully submitted, 28 -2ADMIN MOTION TO FILE UNDER SEAL CASE NO. C 09-03239 WHA Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 4 of 6 1 S. CHANDLER VISHER LAW OFFICES OF S. CHANDLER VISHER 2 3 By: 4 /s/ S. Chandler Visher Attorney for Plaintiff Taylor Russell 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMIN MOTION TO FILE UNDER SEAL CASE NO. C 09-03239 WHA Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 5 of 6 1 [PROPOSED] ORDER 2 Pursuant to the foregoing stipulation of the parties, and good cause appearing therefore, 3 IT IS HEREBY ORDERED that Social Security numbers on Exhibit 3 to this Stipulated 4 Administrative Motion is filed under seal to protect the identifying information of class 5 members. 6 7 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 9 10 _____________________________ August 5, 2016. Date 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMIN MOTION TO FILE UNDER SEAL CASE NO. C 09-03239 WHA _____________________________ William H. Alsup United States District Judge Case 3:09-cv-03239-WHA Document 235 Filed 08/01/16 Page 6 of 6 CERTIFICATE OF SERVICE 1 2 3 I hereby certify that, on August 1, 2016, the foregoing was served by Electronic Case Filing. 4 /s/ Alicia M. Hunt 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ADMIN MOTION TO FILE UNDER SEAL CASE NO. C 09-03239 WHA