1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ARMANDO TORRES, Case No. 19-cv-04752-JCS

8 Plaintiff, ORDER TO FILE EXHIBITS IN THE 9 v. PUBLIC RECORD

10 MICHAEL R. POMPEO, Defendant. 11

12 Plaintiff Armando Torres filed his complaint and several attached exhibits on August 14, 13 2019. Because some (but not all) of the exhibits contained personal information, the Clerk 14 provisionally sealed the exhibits as a courtesy, pending Torres’s filing of an administrative motion 15 to maintain sensitive information under seal. Torres’s counsel thereafter filed a perfunctory 16 motion to seal, but neither specified particular sensitive information to maintain under seal, nor 17 provided any meaningful argument that compelling reasons warranted sealing, as is required to 18 overcome the presumption of public access to judicial proceedings. See Admin. Mot. for Leave to 19 E-File Under Seal (dkt. 4); Ctr. for Auto Safety v. Chrysler Grp., LLC,

, 1096–97 20 (9th Cir. 2016); Kamakana v. City & Cty. of Honolulu,

, 1178–81 (9th Cir. 2006). 21 The Court denied that motion without prejudice on November 7, 2019, and set a deadline of 22 November 21, 2019 for Torres to file “a renewed motion in compliance with Local Rule 79-5 23 seeking narrowly tailored redactions to the versions of the exhibits to be filed in the public 24 record,” with notice that “[i]f Torres does not file a renewed motion by that date, the Court may 25 order all documents filed in the public record.” Order Denying Without Prejudice Admin. Mot. to 26 File Under Seal (dkt. 12). 27 That deadline has passed and Torres has not filed a renewed motion. Torres is therefore 1 later than December 10, 2019. Torres must redact any information regarding third parties that 2 || cannot be filed in the public record under Rule 5.2(a) of the Federal Rules of Civil Procedure 3 (such as Carmen Torres’s date of birth, included on the copies of her identification cards in 4 || Exhibit D), and he may redact any of his own personal information governed by that rule. See 5 || Fed. R. Civ. P. 5.2(h) (discussing waiver of protection of a party’s own information). Any 6 || exhibits that are not filed in the public record by that date will be stricken from the complaint and 7 will not be considered part of the record of this action. 8 The Court also notes an apparent administrative error in the docketing of Torres’s 9 || administrative motion to file under seal. That motion and the accompanying proposed order were 10 || themselves filed under seal. The Clerk is instructed to unseal those documents. The copies of the ll exhibits to the complaint attached to the administrative motion (dkt. 4-3) will remain under seal, 12 || but will not be considered for any purpose unless Torres files them in the public record as required 5 13 by this order. See generally Civ. L.R. 79-5. IT IS SO ORDERED. 3 15 Dated: November 26, 2019 blame J PH C. SPERO 17 ief Magistrate Judge 18 19 20 21 22 23 24 25 26 27 28