Judge: Glenda Sanders, Case: JCCP5140, Date: 2022-10-07 Tentative Ruling

1. Informal Discovery Conference

2. Joinder (Cont. from 9/9/22)

3. Motion to Seal

4. Motion to Seal

The motions to seal are denied. As the court stated in its 7/28/22 tentative ruling, after reviewing the papers submitted by the parties, the court was not persuaded that any of the subject information is properly the subject of a sealing order. The court indicated that it was inclined to order the unredacted documents filed in the public record without sealing.

The hearing was continued so that the parties could meet and confer and provide additional information to the court.

The court has not received any additional information.

As a result, the court now orders the clerk to file the following documents without sealing:

• ROA 1140 (Opposition)
• ROA 1141 (Devine Declaration)
• ROA 1059 (Opposition)
• ROA 1065 (Separate Statement)
• ROAs 1061, 1063 (Appendix of Exhibits Vols. 1 and 3)

1.    Sealing Motion re Opposition to Baldwin/Bone Parties’ Motion for Summary Adjudication (ROA 1212);

2.    Joinder by Baldwin/Bone Parties (ROA 1270)

The motion is granted in part and denied in part. The court indicated in its 9/9/22 Minute Order that, having reviewed the moving papers filed by Plaintiff and the Baldwin/Bone Parties’ joinder and response, as well as all supporting documents, it was at that time inclined to order the filing of the following unredacted documents without sealing: ROAs 1215, 1263, 1305 and 1307 (Devine Declaration, Objections and Amended Objections thereto, and Proposed Order thereon).

The court indicated that it was inclined to grant the motion as to ROAs 1213 and 1214 (Opposition and Separate Statement), meaning that ROA 1213 shall be filed under seal while the redacted version of that document ROA 1206 will be open to the public.

Likewise, ROA 1214 shall be filed under seal while the redacted version of that document ROA 1208, shall be open to the public.

As to the Appendix of Exhibits (ROA 1229), the court is unable to ascertain which portions of the nearly 800 pages are the subject of the sealing application.

The court continued the hearing and ordered further information from the parties. To date, the court has not received any further information regarding the Appendix of Exhibits. The court received a proposed order granting the motion in part, consistent with the court’s tentative ruling. However, the proposed order indicates that the Appendix will be filed under seal. As the Baldwin/Bone Parties have not provide the court with the requisite information, the court cannot find that any portion(s) of the Appendix are appropriate for sealing.

The court therefore makes the following orders:

The court orders the clerk to file the following documents without sealing: ROAs 1215, 1263, 1305, 1307, and 1229 (Devine Declaration, Objections and Amended Objections thereto, and Proposed Order thereon; Appendix of Exhibits).

The court will sign the proposed order granting the motion as to ROAs 1213 and 1214 (Opposition and Separate Statement), but will remove the reference to ROA 1229 (the Appendix).