Ottele v. Martinez

• Court: District Court, E.D. California
• Decided: January 28, 2025
• Docket: 1:22-cv-00187
• Status: Unknown

Opinion

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 SUSAN OTTELE, et al., Case No. 1:22-cv-00187-JLT-CDB

12 Plaintiffs, ORDER GRANTING RENEWED REQUEST TO SEAL DOCUMENTS 13 v. (Doc. 111) 14 OSCAR MARTINEZ, et al., 5-Day Deadline 15 Defendants.

16 17 Pending before the Court is Defendants’ renewed notice and request to seal documents. 18 (Doc. 111), filed and emailed to the undersigned’s chambers on January 27, 2025. Defendants 19 represent that the document to be sealed (a proof of service) contains the address of the party 20 served (the individual who holds the power of attorney for Defendant Hodges’ successor-in- 21 interest) and upon whom the opposition was personally served. Defendants seek to file the proof 22 of service under seal to shield the address of Mr. Jones. They allege that, if revealed, the address 23 could be “used for harassment or other improper purposes or provided to incarcerated 24 individuals.” Defendants provide that they will serve a copy of the proof of service on Plaintiff’s 25 counsel. (Doc. 111-1 at 1, 3). 26 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court 27 for Dist. of Or., 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in the 1 | further finds that, in the absence of closure, the compelling interests identified by Defendants 2 | would be harmed. In light of the fact that a redacted version of the proof of service has been 3 | filed (Doc. 111-2), the Court further finds that there are no additional alternatives to sealing the 4 | documents that would adequately protect the compelling interests identified by Defendants. 5 Accordingly, pursuant to Local Rule 141 and based upon the representations contained in 6 | Defendant’s notice and request, IT IS HEREBY ORDERED that Defendants’ proof of service 7 | on Mr. Jones of Defendants’ opposition (Doc. 106) to Plaintiff's motion for substitution (Doc. 8 | 105) shall be SEALED until further order of this Court. 9 It is FURTHER ORDERED within five (5) days of issuance of this Order, Defendant shall 10 | submit a copy of this Order, the request for sealing, and the documents to be sealed (Defendants’ 11 | proof of service on Mr. Jones of their opposition (Doc. 106) to Plaintiffs motion for substitution) 12 | by email to the Operations Section of the Clerk of the Court: 13 ApprovedSealed @caed.uscourts.gov 14 IT IS SO ORDERED. | Dated: January 28, 2025 | Ww VV KD 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 27 28