Smith v. City of Bakersfield

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MELTON SMITH, Case No. 1:22-cv-00494-CDB

12 Plaintiff, ORDER GRANTING PLAINTIFF’S 13 v. REQUEST TO SEAL

14 CITY OF BAKERSFIELD, et al., (Doc. 90)

15 Defendants. 16 17 Pursuant to Local Rule 141(b) and based upon the representations contained in Plaintiff’s 18 ex parte application to seal, filed on October 3, 2024 (Doc. 90), and in the declaration of counsel 19 for Plaintiff proposed for sealing, emailed to the undersigned’s chambers on October 3, 2024, the 20 declaration of counsel for Plaintiff, Brian M. Bush, dated October 3, 2024, shall be ordered sealed 21 until further order of this Court. 22 The Court has considered the factors set forth in Oregonian Publ’g Co. v. U.S. Dist. Court 23 for Dist. of Or., 920 F.2d 1462 (9th Cir. 1990). The Court finds that, for the reasons stated in the 24 ex parte application, sealing the declaration of counsel for Plaintiff serves a compelling interest. 25 The Court further finds that, in the absence of closure, the compelling interests identified by 26 counsel for Plaintiff would be harmed. In light of the public filing of Plaintiff’s ex parte 27 application (Doc. 90), the Court further finds that there are no additional alternatives to sealing 28 the declaration of counsel for Plaintiff that would adequately protect the compelling interests 1 | identified by Plaintiff. 2 Accordingly, it is HEREBY ORDERED, Plaintiff’s application to file the declaration of 3 | counsel under seal is GRANTED, and the declaration of counsel shall be SEALED until further 4 | order of the Court. 5 It is FURTHER ORDERED within five days of the date of this Order, counsel for 6 | Plaintiff shall submit a copy of this Order and the document to be sealed (counsel for Plaintiff’s 7 | declaration) by email to the Operations Section of the Clerk of the Court: 8 ApprovedSealed @caed.uscourts.gov 9 | IT IS SO ORDERED. Dated: _ October 3, 2024 | hr 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28