Wheatcroft v. Glendale, City of ( 2019 )

1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Johnny Wheatcroft, et al., No. CV-18-02347-PHX-MTL 10 Plaintiffs, ORDER 11 v. 12 City of Glendale, et al., 13 Defendants. 14 15 Pending before the Court is a motion to seal Defendants’ unopposed motion to 16 authorize release of Plaintiffs’ probation files. (Doc. 80.) The only justification provided 17 for sealing is that the motion “contains confidential identifying information for Plaintiffs 18 Johnny Wheatcroft and Anya Chapman.” (Id. at 1.) 19 Courts have long recognized a “general right to inspect and copy public records and 20 documents, including judicial records and documents.” Nixon v. Warner Commc’ns, Inc., 21 435 U.S. 589, 597 & n. 7 (1978). A party seeking to file a motion under seal must 22 “articulate[] compelling reasons supported by specific factual findings” to overcome the 23 “strong presumption in favor of access.” Kamakana v. City & Cty. of Honolulu, 447 F.3d 24 1172, 1178 (9th Cir. 2006) (citations omitted); see also LRCiv 5.6 (requiring “a clear 25 statement of the facts and legal authority justifying the filing of the document under seal”). 26 The Court agrees that Plaintiffs’ “confidential identifying information” need not be 27 made part of the public record. However, that result can be accomplished by redacting 28 those specific portions of the motion and accompanying exhibits, rather than sealing the || entire motion. See Fed. R. Civ. P. 5.2(a) (permitting redaction when the filing contains an 2|| “individual's social-security number, taxpayer-identification number, or birth date, the 3 || name of an individual known to be a minor, or a financial-account number”). Defendants 4|| provide no other reason to seal the motion. Accordingly, 5 IT IS ORDERED that the motion to seal (Doc. 80) is denied. 6 IT IS FURTHER ORDERED that the lodged Unopposed Motion for Order to 7\| Authorize Release of Johnny Wheatcroft’s and Anya Chapman’s Probation Files to 8 || Defendants City of Glendale, Matt Schneider, Mark Lindsey, and Michael Fernandez (Doc. 9|| 81) is stricken from the record. 10 IT IS FURTHER ORDERED that Defendants shall file the Unopposed Motion 11 || for Order to Authorize Release of Johnny Wheatcroft’s and Anya Chapman’s Probation 12|| Files to Defendants City of Glendale, Matt Schneider, Mark Lindsey, and Michael 13 || Fernandez by January 3, 2019. Defendants may redact personal identifying information, □□ as permitted by Federal Rule of Civil Procedure 5.2(a), but shall not file the entire motion 15 || under seal. 16 IT IS FINALLY ORDERED that this Order shall not be sealed. 17 Dated this 23rd day of December, 2019. 18 Michael T. Liburdi 21 United States District Judge 22 23 24 25 26 27 28 _2-