(PC) Hammler v. Lyons ( 2022 )


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  • 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ALLEN HAMMLER, 1:19-cv-01650-AWI-GSA-PC 12 Plaintiff, ORDER GRANTING DEFENDANT’S REQUEST TO SEAL DOCUMENTS 13 vs. ORDER FOR CLERK TO FILE 14 J. LYONS, et al., DOCUMENTS UNDER SEAL 15 Defendants. 16 17 18 19 20 21 I. BACKGROUND 22 Allen Hammler (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 23 with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with Plaintiff’s 24 First Amended Complaint filed on April 3, 2019, against defendant A. Lucas (Appeals 25 Coordinator) (“Defendant”) for violation of freedom of speech under the First Amendment.1 26 (ECF No. 12.) 27 28 1 On July 27, 2021, the court dismissed all other claims from this case based on Plaintiff’s failure to state a claim. (ECF No. 36.) 1 On February 23, 2022, Defendant Lucas filed a Notice of Request to Seal Documents. 2 (ECF No. 53.) Defendant submitted the Notice, Request to Seal Documents, proposed order, and 3 the documents requested to be sealed to the court for in camera review, and asserts that all of the 4 documents were served on Plaintiff via hand delivery, same-day or overnight courier, or by U.S. 5 Mail. 6 II. LOCAL RULE 141 7 Local Rule 141 governs requests to seal documents. E.D. Cal. L.R. 141. That rule 8 provides that documents may be sealed by order of the court upon the showing required by law. 9 L.R. 141(a). It requires the party making the request to “set forth the statutory or other authority 10 for sealing, the requested duration, the identity, by name or category, of persons to be permitted 11 access to the other documents, and all other relevant information.” L.R. 141(b). 12 The “showing required by law” referred to by our Local Rule is a high one. The court 13 operates under a strong presumption in favor of access to court records. Ctr. for Auto Safety v. 14 Chrysler Group, LLC, 809 F.3d 1092, 1096 (2016). Accordingly, a party seeking to file 15 something under seal must present “compelling reasons” supporting the request. Id. 16 The compelling reasons standard requires the court to: (1) find a compelling reason 17 supporting sealing the record and (2) articulate the factual basis for sealing the record, without 18 relying on hypothesis or conjecture. Id. at 1096-97. The court must conscientiously balance the 19 competing interests of the public and the party who wishes to keep the documents private. Id. at 20 1097. “What constitutes a ‘compelling reason’ is ‘best left to the sound discretion of the trial 21 court.’” Id. (quoting Nixon v. Warner Commnc’ns, Inc., 435 U.S. 589, 599 (1978)). Pursuant 22 to Federal Rule of Civil Procedure 5.2(d), a court “may order that a filing be made under seal 23 without redaction.” Id. 24 In his Request to Seal Documents, Defendant requests the court to seal the following 25 documents: (1) Defendant’s Motion for Terminating and Monetary Sanctions for Plaintiff’s 26 Willful Failure to Participate in Deposition; (2) the Declaration of Dr. S. Prasad, and (3) 27 Declaration of Quyen V. Thai. Defendant also requests the court to return the sealed documents 28 to his counsel after conclusion of the case and any appellate proceedings. 1 Defendant asserts that the documents contain confidential information regarding 2 Plaintiff’s mental health treatment and may be protected by the psychotherapist-patient privilege. 3 The court has considered Defendant’s Request as well as the documents at issue. The court 4 finds that the information sought to be sealed implicates legitimate confidentiality concerns, as 5 well as potentially safety and security concerns and therefore should be protected from disclosure 6 to the public. The documents shall be sealed and maintained electronically on the court’s record 7 until conclusion of the case and any appellate proceedings, at which time only the court will have 8 access to them. 9 III. CONCLUSION 10 Accordingly, IT IS HEREBY ORDERED that: 11 1. Defendant’s Request to Seal Documents, submitted on February 23, 2022, is granted; 12 2. The Clerk is instructed to file under seal the following: 13 (1) Defendant’s Motion for Terminating and Monetary Sanctions for Plaintiff’s 14 Willful Failure to Attend Deposition, and to Comply with Court Orders; 15 (2) Deputy Attorney General Thai’s Declaration in support thereof; and 16 (3) Dr. S. Prasad’s Declaration in support thereof; and 17 3. The foregoing materials shall be maintained under seal until the conclusion of this 18 case and any appellate proceedings, at which time only the court will have access to 19 them. 20 IT IS SO ORDERED. 21 22 Dated: March 3, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28

Document Info

Docket Number: 1:19-cv-01650

Filed Date: 3/4/2022

Precedential Status: Precedential

Modified Date: 6/20/2024