Lesher v. City of Anderson

1 Sanjay S. Schmidt (SBN 247475) LAW OFFICE OF SANJAY S. SCHMIDT 1388 Sutter Street, Suite 810 San Francisco, CA 94109 Tel. (415) 563-8583 Fax (415) 223-9717 e-mail: [email protected] Panos Lagos (SBN 61821) LAW OFFICES OF PANOS LAGOS 6569 Glen Oaks Way Oakland, CA 94611 Tel. (510) 530-4078 Fax (510) 530-4725 e-mail: [email protected] Attorneys for Plaintiff, THERESE L. LESHER 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA THERESE L. LESHER, ) Case No. 2:21-cv-00386-WBS-DMC 16 ) 17 Plaintiff, ) ORDER GRANTING PLAINTIFF’S ) REQUEST TO SEAL DOCUMENT 18 vs. ) PURSUANT TO L.R. 141 ) CITY OF ANDERSON, et al., ) 20 ) Defendants. ) 21 ) 23 Currently before the Court is Plaintiff’s Request to Seal the Declaration of Panos Lagos in Support of Plaintiff’s Trial Brief.

25 I. RELEVANT BACKGROUND 26 Plaintiff’s action is brought pursuant to the Fourth and Fourteenth Amendments to the United States Constitution. Plaintiff has further invoked the supplemental jurisdiction of this Court, pursuant to 28 U.S.C. § 1367(a), to hear and decide claims arising under state law. Both parties have demanded a jury trial which is set to proceed on July 22, 2025, before the Honorable William B. Shubb.

3 The exhibits to the Declaration of Panos Lagos in Support of Plaintiff’s Trial Brief contain information designated as Protected Material pursuant to the Court’s August 3, 2021, protective order (ECF No. 22). Specifically, the exhibits to the Declaration of Panos Lagos in Support of Plaintiff’s Trial Brief contain information from one of the law enforcement officer’s personnel file.

8 II. LEGAL STANDARD 9 Local Rule 141 governs requests to seal documents. E.D. Cal. L.R. 141. That rule provides that documents may be sealed by order of the court upon the showing required by law.

11 L.R. 141(a). It requires the party making the request to “set forth the statutory or other authority for sealing, the requested duration, the identity, by name or category, of persons to be permitted access to the other documents, and all other relevant information.” L.R. 141(b). The “showing required by law” referred to by our Local Rule is a high one. The court operates under a strong presumption in favor of access to court records. Ctr. For Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1096 (2016). Accordingly, a party seeking to file something under seal must present “compelling reasons” supporting the request. Id. The compelling reasons standard requires the court to: (1) find a compelling reason supporting sealing the record; and, (2) articulate the factual basis for sealing the record, without relying on hypothesis or conjecture. Id. at 1096-97. The court must conscientiously balance the competing interests of the public and the party who wishes to keep the documents private. Id. at 1097. “What constitutes a ‘compelling reason’ is ‘best left to the sound discretion of the trial court.’ ” Id. (quoting Nixon v. Warner Commnc’ns, Inc., 435 U.S. 589, 599 (1978)). Pursuant to Federal Rule of Civil Procedure 5.2(d), a court “may order that a filing be made under seal without redaction.” Id. 25 III. DISCUSSION 26 Plaintiff’s Request to Seal the Declaration of Panos Lagos in Support of Plaintiff’s Trial Brief asserts that the exhibits to the Declaration contain information designated as Protected Material pursuant to the Court’s August 3, 2021, protective order (ECF No. 22). Specifically, the 1 exhibits to the Declaration of Panos Lagos in Support of Plaintiff's Trial Brief contai || information from one of the law enforcement officer’s personnel file.

3 Pursuant to Penal Code section 832.7(a), “...the personnel records of peace officers an || custodial officers and records maintained by a state or local agency pursuant to Section 832.5, o information obtained from these records, are confidential and shall not be disclosed in an ||criminal or civil proceeding except by discovery pursuant to Sections 1043 and 1046 of th || Evidence Code.” 8 The court has reviewed the Declaration of Panos Lagos in Support of Plaintiff's Tria || Brief in camera and finds that the Declaration does contain Protected Material pursuant to th 10 Court’s August 3, 2021, protective order (ECF No. 22). Further, disclosing the Protecte || Material to the public would violate Penal Code section 832.7(a). These considerations justif || the requested filing of the the Declaration of Panos Lagos in Support of Plaintiff's Trial Brie || under seal. Accordingly, Plaintiff’s Request to file the Declaration of Panos Lagos in Support o || Plaintiffs Trial Brief under seal is granted.

15 IV. ORDER 16 Based on the foregoing, it is HEREBY ORDERED that: 17 1. Plaintiff's Request to Seal the Declaration of Panos Lagos in Support of Plaintiff?

18 Trial Brief is granted; 19 2. The Clerk is instructed to file the Declaration of Panos Lagos in Support of Plaintiff?

20 Trial Brief under seal; 21 3. The Declaration of Panos Lagos in Support of Plaintiffs Trial Brief shall b 22 maintained under seal until the conclusion of this case and any appellate proceedings, 23 at which time only the Court will have access to them.

24 IS SO ORDERED.

25 . - antler A, lh be — || Dated: July 9, 2025 Ph hata Vim Lehn 27 UNITED STATES DISTRICT JUDGE ORDER GRANTING PLAINTIFF’S REQUEST TO SEAL DOCUMENT PURSUANT TO LR. 141 Lesher v. City of Anderson, et al.