Doe v. University Accounting Service, LLC

CourtDistrict Court, S.D. California
DecidedMarch 3, 2022
Docket3:09-cv-01563
StatusUnknown

This text of Doe v. University Accounting Service, LLC (Doe v. University Accounting Service, LLC) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. University Accounting Service, LLC, (S.D. Cal. 2022).

Opinion

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 JOHN DOE,1 Case No.: 09-CV-01563-BAS-JLB

11 Plaintiff, ORDER: 12 v. (1) DENYING IN PART AND 13 UNIVERSITY ACCOUNTING GRANTING IN PART PLAINTIFF’S SERVICE, LLC, 14 EX PARTE MOTIONS TO SEAL Defendant. RECORDS (ECF Nos. 11, 12, 13, 14); 15 AND 16 (2) DENYING PLAINTIFF’S 17 MOTION FOR JUDICIAL NOTICE 18 (ECF No. 16)

19 20 21 Before the Court are five sets of motions filed by Plaintiff: (1) motion to seal the 22 case records or redact Plaintiff’s name (ECF No. 12); (2) application to seal the ex parte 23 motion (ECF No. 11); (3) application to seal supplemental exhibits in support of the ex 24 parte motion (ECF No. 13); (4) motion for judicial notice (ECF No. 16); and (5) application 25 to seal motion for judicial notice and notice of change of address (ECF No. 14).2 Plaintiff 26 represents that he is a participant of California’s Safe at Home Program and asks this Court 27 1 The Court replaces Plaintiff’s name in the caption with John Doe. 28 1 to seal the entire judicial record or, in the alternative, to redact his personal information 2 and replace his name with the pseudonym “John Doe.” (ECF No. 12.) Because Plaintiff 3 has not met the high burden of establishing compelling reasons to seal the entire record, 4 the Court denies that request. However, the Court grants Plaintiff’s request to redact his 5 name from the record and replace his name on all pleadings with “John Doe,” in line with 6 the aims of the California Safe at Home Program. Additionally, the Court grants the 7 requests to seal Plaintiff’s motion and supporting documents (ECF Nos. 11–14), because 8 the supporting documents contain protected information. Finally, the Court denies as moot 9 Plaintiff’s request for judicial notice. (ECF No. 16.) 10 I. BACKGROUND 11 Plaintiff brought the original action on August 17, 2009, against University 12 Accounting Service LLC, for alleged violation of the Fair Debt Collection Practices Act, 13 15 U.S.C. § 1692, and the Rosenthal Fair Debt Collection Practices Act, Cal. Civ. Code 14 § 1788, along with other claims. (Compl., ECF No. 1.) The case was closed two months 15 later, after the parties filed a joint motion to dismiss the action. (Order, ECF No. 9.) 16 Plaintiff filed the present motions in 2021 and 2022, based on his status as a 17 participant in California’s Safe at Home Program (the “Safe at Home Program”), which is 18 a state initiative that aims to keep a crime victim’s address confidential. See Cal. Code 19 Civ. Proc. § 367.3; Cal. Gov. Code § 6205. 20 Plaintiff has provided proof of his acceptance into the Safe at Home Program and 21 submits a declaration that explains his reason for participating in the program. (Pl.’s Decl., 22 ECF No. 12 at 22.) Plaintiff was subpoenaed in 2010 as a witness in a criminal case. (Id. 23 ¶ 6; Ex. FF.) According to Plaintiff’s declaration, on the day of the crime, he heard screams 24 for help coming from the building across from his residence. (Id. ¶ 6.) On his way to the 25 building, he flagged down a passing police car, and entered the building through a fire 26 escape door together with the police officer. (Id.) Plaintiff found himself in a crime scene, 27 where a male suspect was approaching another person covered in blood. (Id.) The police 28 officer arrested the male suspect for murder. (Id.) On his video device, Plaintiff recorded 1 the male suspect stating he killed the victim. (Id.) Plaintiff has received numerous death 2 threats since that incident, which he believes are due to his cooperation in the investigation 3 and videotaping of the male suspect’s statements. (Id. ¶ 7.) These threats include text 4 messages Plaintiff received from an unknown number, featuring images of headless men. 5 (Id. ¶ 8; Ex. GG.) Plaintiff also provides evidence that an unknown man in a trench coat 6 attempted to enter his home. (Id. ¶ 9; Ex. HH.) 7 II. LEGAL STANDARD 8 “[T]he courts of this country recognize a general right to inspect and copy public 9 records and documents, including judicial records and documents.” Nixon v. Warner 10 Commc’ns, Inc., 435 U.S. 589, 597 (1978). “Unless a particular court record is one 11 ‘traditionally kept secret,’ a ‘strong presumption in favor of access’ is the starting point.” 12 Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (citing Foltz 13 v. State Farm Mut. Auto Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003)). “The presumption 14 of access is ‘based on the need for federal courts, although independent—indeed, 15 particularly because they are independent—to have a measure of accountability and for the 16 public to have confidence in the administration of justice.’” Ctr. for Auto Safety v. Chrysler 17 Grp., LLC, 809 F.3d 1092, 1096 (9th Cir. 2016) (quoting United States v. Amodeo, 71 F.3d 18 1044, 1048 (2d Cir. 1995)). 19 A party seeking to seal a judicial record bears the burden of overcoming the strong 20 presumption of access. Foltz, 331 F.3d at 1135. The showing required to meet this burden 21 depends upon whether the documents to be sealed relate to a motion that is “more than 22 tangentially related to the merits of the case.” Ctr. for Auto Safety, 809 F.3d at 1101. When 23 the underlying motion is more than tangentially related to the merits, the “compelling 24 reasons” standard applies. Id. at 1096–98. When the underlying motion does not surpass 25 the tangential relevance threshold, the lesser, “good cause” standard applies. Id.; see Pintos 26 v. Pac. Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010) (holding that the “good cause” 27 standard imposes a lower burden than the “compelling reasons” standard). Under either 28 standard, “an order sealing the documents must be narrowly drawn to seal only those 1 portions of the record that, upon a balancing of the relevant interests, ought to be sealed.” 2 Acad. of Motion Picture Arts & Scis. v. GoDaddy.com, Inc., No. CV 10-03738-AB (CWX), 3 2015 WL 12698301, at *1 (C.D. Cal. Jan. 22, 2015) (collecting cases). 4 Under this Court’s Standing Order, the parties seeking a sealing order must provide 5 the Court with “(1) a specific description of particular documents or categories of 6 documents they need to protect; and (2) declarations showing a compelling reason or good 7 cause to protect those documents from disclosure.” Hon. Cynthia Bashant’s Standing 8 Order for Civil Cases (“Standing Order”) § 5. “Even where a public right of access exists, 9 such access may be denied by the Court in order to protect sensitive personal or confidential 10 information.” Id. “[T]he documents to be filed under seal will be limited by the Court to 11 only those documents, or portions thereof, necessary to protect such sensitive information.” 12 Id. 13 In addition, Federal Rule of Civil Procedure 10(a) states that “the title of the 14 complaint must name all the parties” in a given action. A plaintiff’s use of a fictitious name 15 may “run[] afoul of the public’s common law right of access to judicial proceedings.” Does 16 I through XIII v. Advanced Textile Corp., 214 F.3d 1058, 1067 (9th Cir. 2000).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Nixon v. Warner Communications, Inc.
435 U.S. 589 (Supreme Court, 1978)
Pintos v. PACIFIC CREDITORS ASS'N
605 F.3d 665 (Ninth Circuit, 2010)
Simon, II v. Navon
71 F.3d 9 (First Circuit, 1995)
United States v. John Doe
655 F.2d 920 (Ninth Circuit, 1981)
Aron Oliner v. John Kontrabecki
745 F.3d 1024 (Ninth Circuit, 2014)
Center for Auto Safety v. Chrysler Group, LLC
809 F.3d 1092 (Ninth Circuit, 2016)
United States v. John Doe
870 F.3d 991 (Ninth Circuit, 2017)
Doe v. UNUM Life Insurance Co. of America
164 F. Supp. 3d 1140 (N.D. California, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
Doe v. University Accounting Service, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-university-accounting-service-llc-casd-2022.