GURU RAM DAS ACADEMY, INC. v. TILLERSON

No. 1:16-cv-01906-AWI-SAB.

GURU RAM DAS ACADEMY, INC., Plaintiff, v. REX TILLERSON, Secretary of State U.S. Department of State, et al., Defendants.

United States District Court, E.D. California.

Editors Note
Applicable Law: 28 U.S.C. § 1331
Cause: 28 U.S.C. § 1331 Fed. Question
Nature of Suit: 465 Other Immigration Actions
Source: PACER


Attorney(s) appearing for the Case

Guru Ram Das Academy Inc., Plaintiff, represented by David Michael Sturman , David M. Sturman, APC.

John Kerry, Defendant, represented by Audrey Benison Hemesath , United States Attorney's Office & Aaron S. Goldsmith , U.S. Dept. of Justice.

Lori Scialabba, Defendant, represented by Aaron S. Goldsmith , U.S. Dept. of Justice.

Rex Tillerson, Defendant, represented by Aaron S. Goldsmith , U.S. Dept. of Justice.

James McCament, Defendant, represented by Aaron S. Goldsmith , U.S. Dept. of Justice.


DEFENDANTS' UNOPPOSED REQUEST TO SEAL THE CERTIFIED ADMINISTRATIVE RECORD; ORDER SEALING DOCUMENT, and ORDER TO SHOW CAUSE

ANTHONY W. ISHII, District Judge.

This action is under the Administrative Procedure Act (the "APA"). Pursuant to Local Rule 141, the United States hereby requests sealing of the following:

1) The Certified Administrative Record ("CAR")

The CAR contains sensitive, personal financial information relating to the Plaintiff and personal information regarding third parties. To respect the privacy of the Plaintiff and the third parties, the Government submits the CAR in advance of the parties' briefing on this action. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006) (requiring compelling reason for the sealed filing of documents); Lombardi v. TriWest Healthcare Alliance Corp., CV 08-02381, 2009 WL 1212170, at *1 (D. Ariz. May 4, 2009) (allowing the defendant to file exhibits under seal where they contained "sensitive personal and medical information" (citing Kamakana, 447 F.3d at 1179)); Chloe SAS v. Sawbeth Info. Servs. Co., CV 11-04147-MMM (MANx), 2015 WL 12734004, at *3 (C.D. Cal. February 4, 2015) (collecting cases for the proposition that non-party privacy interest, "particularly those related to sensitive matters" are sufficient to satisfy the "good cause" standard for sealing); cf. In re Boston Herald, Inc., 321 F.3d 174 (1st Cir. 2003) ("Personal financial information, such as one's income or bank account balance, is universally presumed to be private, not public"). It would not be appropriate to redact the sensitive and personal information in the CAR because this information may be relevant to the Court in resolving this action.

Defense counsel provided the CAR to opposing counsel electronically on June 2, 2017.

The total number of submitted pages is 341.

Discussion

Given the unopposed nature of the request, and the explanation for sealing, the Court will grant the motion to seal. However, it is clear that a significant portion of the documents do not contain private or personal matters that should be sealed. Under these circumstances, it appears appropriate for the Defendants to file a redacted public version of the sealed documents in the docket. See Fed. R. Civ. P. 5.2(d). Prior to ordering that a redacted version be filed, however, the Court will give Defendants the opportunity to further address the issue.

ORDER

Accordingly, IT IS HEREBY ORDERED that:

1. Defendants' unopposed motion to seal is GRANTED and the 341 page Certified Administrative Record is SEALED; and

2. Within 30 days of service of this order, Defendants shall either file a redacted public version of the sealed administrative record on the docket or show cause in writing why it would be inappropriate to file a redacted public version on the docket.

IT IS SO ORDERED.


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