Dosch v. ITS Logistics, LLC
1:22-cv-01443
E.D. Cal.
Apr 25, 2024
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Docket
Opinion Summary

Facts

  1. Plaintiff Vincent Gregory Baisi alleges he was denied religious texts and meals due to discrimination based on his religious beliefs. [lines="52-56"]
  2. The court is reviewing Plaintiff's Motion for the Assistance of Counsel, asserting he has been denied legal representation due to indigency and lack of legal knowledge. [lines="15-16"], [lines="75-76"]
  3. The court previously informed Plaintiff that he could renew his request for counsel if circumstances changed as the case progressed. [lines="90"]
  4. Plaintiff has shown articulate and coherent writing in his motions and responses, indicating he lacks the limitations stated in relevant precedent. [lines="66-70"], [lines="72-73"]
  5. Many potential witnesses are either incarcerated with the Plaintiff or can be contacted effectively through correspondence, simplifying his case preparation. [lines="85-86"]

Issues

  1. Whether Plaintiff has established a colorable constitutional claim regarding the denial of religious texts and meals. [lines="52-56"]
  2. Whether exceptional circumstances exist to warrant the appointment of counsel for an indigent prisoner in this civil case. [lines="29-30"]

Holdings

  1. The Plaintiff's claim regarding the denial of religious rights is colorable but not yet determined to be meritorious at this stage in litigation. [lines="56-58"]
  2. The court found no exceptional circumstances warranting the appointment of counsel, as Plaintiff demonstrated sufficient ability to represent himself at this stage. [lines="81-92"]

OPINION

JOHN DOSCH, ET AL., v. ITS LOGISTICS, ET AL.,

Case No. 1:22-cv-01443-KES-CDB

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

April 25, 2024

ORDER DENYING WITHOUT PREJUDICE PLAINTIFFS’ REQUEST TO SEAL (Doc. 45) SEVEN-DAY DEADLINE

Following the parties’ filing of a notice of settlement (Doc. 43), on March 27, 2024, the Court ordered Plaintiffs within 30 days thereafter to file either (1) a copy of the state court order and all supporting and opposing documents filed in connection therewith approving the minor‘s compromise, or, if no such state court order had been obtained, (2) a status report updating this Court on the anticipated time frame for approval by the state court of the compromise. (Doc. 44) (citing Local Rule 202(b)(1)).

Pending before the Court is Plaintiffs’ notice and request to seal four documents, filed April 23, 2024 (Doc. 45), and emailed to the undersigned‘s chambers that same day consistent with Local Rule 141 that are responsive to the Court‘s March 27 order. As described in Plaintiffs’ publicly filed notice, the four documents are state court filings made in connection with the state court‘s approval of the minor‘s compromise.

In partial compliance with Local Rule 141, Plaintiffs’ request to seal sets forth the statutory or other authority for sealing some – but not all – of the information contained in the state court filings. Thus, personally identifiable information properly is subject to protective measures pursuant to Rule 5.2, Fed. R. Civ. P. However, Plaintiffs cite no statutory or other authority to request the sealing of any additional information contained in the state court filings.

Governing Legal Standard

Under the First Amendment, the press and the public have a presumed right of access to court proceedings and documents. See generally ; ; cf. (“In the federal judicial system trial and pretrial proceedings are ordinarily to be conducted in public.“). As a general rule, the public is permitted “access to litigation documents and information produced during discovery.” (quoting and citing ). This presumed right can be overcome if (1) closure serves a compelling interest; (2) there is a substantial probability that, in the absence of closure, this compelling interest would be harmed; and (3) there are no alternatives to closure that would adequately protect the compelling interest. (citing ).

Relevant here, courts in the Ninth Circuit require a party seeking to seal documents in connection with approval of a minor‘s compromise to meet a “compelling reasons” standard. See (citing cases); .

Discussion

The Court has considered the reasons advanced by Plaintiffs in their request to seal in the light of the factors set forth in and concludes those reasons do not compellingly outweigh the strong presumption in favor of access to public records. To begin with, the records Plaintiffs seek to seal in this Court are public state court filings; all four documents are available for purchase from the Los Angeles Superior Court. Images of the first page of each of the four documents may be accessed by the public on that court‘s website and, based on information obtained by staff from the Clerk of the Court, all four documents are unsealed and unredacted.

Moreover, while the undersigned is sensitive to potential safety and security issues implicated by filing settlement-related documents publicly, it remains the case that the parties seek to settle a claim made by a minor – which requires court approval. “The public‘s interest in knowing why the court has decided to approve a compromise of a minor‘s claim exceeds defendant‘s interest in confidential settlements.” . That proposition is especially applicable here given that the documents sought to be sealed already are publicly accessible.

Conclusion and Order

Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED, Plaintiffs’ application to seal (Doc. 45) is DENIED WITHOUT PREJUDICE.

And it FURTHER ORDERED, within seven (7) days of entry of this order, Plaintiffs SHALL FILE the state court order(s) and all supporting and opposing documents filed in connection therewith approving the minor‘s compromise, which may include redactions of those portions of the documents that comprise any of the categories of sensitive information set out in Federal Rule of Civil Procedure 5.2.

IT IS SO ORDERED.

Dated: April 25, 2024

UNITED STATES MAGISTRATE JUDGE

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