Mollica v. County of Sacramento ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 Lia D. Mollica, No. 2:19-cv-02017-KJM-DB 11 Plaintiff, ORDER 12 v. 13 County of Sacramento, et al., 4 Defendants. 15 16 Plaintiff has submitted Exhibits N, O and P in support of her opposition to defendants’ 17 | motion for summary judgment, which the court will address in a separate order. These exhibits 18 | contain third parties’ medical information and other private information. For the reasons below, 19 | the court strikes Exhibits N, O and P and directs plaintiff to refile the Declaration of Mark 20 | Merin and the Exhibits attached to the declaration at ECF No. 80-3. 21 At hearing on the motion for summary judgment, the court informed parties it would not 22 | rely on Exhibits N and P in deciding the motion. Plaintiff attached thousands of pages of inmate 23 | grievances and responses in Exhibit N without directing the court to specific grievances or pages 24 | that are relevant and related to medical issues similar to plaintiff's. See Merin Decl. ¥ 15, ECF 25 | No. 80-3. Exhibit P provides a log of health-related grievances. Merin Decl. § 17. The court is 26 | not obliged “to comb the record to find some reason to deny a motion for summary judgment,” 27 | see Carmen vy. San Francisco Unified Sch. Dist., 237 F.3d 1026, 1029 (9th Cir. 2001), and 28 | declines to do so here. Accordingly, Exhibits N and P are stricken from the record. 1 | See Fed. R. Civ. P 12(f); Atchison, Topeka & Santa Fe Ry. v. Hercules, Inc., 146 F.3d 1071, 1074 2 | (9th Cir. 1998) (courts may strike filings and pleadings under its “inherent power to control [its] 3 | docket’). 4 At hearing, the court also directed plaintiff to submit a redacted version of Exhibit O, 5 | which counsel now has filed. See ECF No. 89. The unredacted version is still available on the 6 | public docket, in the same document as Exhibit P, at ECF No. 80-3. Accordingly, the Clerk of 7 | Court is directed to strike the filing at ECF No. 80-3 and the entirety of ECF Nos. 81-84 8 | (Ex. N). Plaintiff is directed to refile the Declaration of Mark Merin, ECF No. 80-3, which may 9 | attach all the other exhibits (1.e., Exhibits A through M and Q through S), within 7 days of the 10 | filed date of this order. 1] IT IS SO ORDERED. 12 DATED: April 11, 2023. CHIEF ED STATES DISTRICT JUDGE 45