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Judith Fonseca v. City of Red Bluff

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 21, 2011

JUDITH FONSECA,
PLAINTIFF,
v.
CITY OF RED BLUFF, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

ORDER

Through this action, Judith Fonseca ("Plaintiff") seeks redress from the City of Red Bluff ("Defendant") for injuries she allegedly sustained as a result of falling from her wheelchair. Plaintiff claims that fall occurred due to a protrusion in a sidewalk owned by Defendant. She alleges various causes of action, including violations of the Americans With Disabilities Act ("ADA"), and negligence per se.

Presently before the Court is Plaintiff's counsel's request to file a declaration under seal (ECF No. 12) in support of his pending motion to withdraw as Plaintiff's counsel (ECF No. 11). Defendant opposes Plaintiff's request to file the declaration under seal.

A party must show good cause to file non-dispositive materials under seal. Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 678 (9th Cir. 2010). In its opposition, Defendant concedes that good cause exists to seal the subject declaration if it contains attorney-client communications. Defendant nonetheless posits, without knowledge of the contents of the subject declaration, that likely counsel's declaration does not reference attorney-client communication. After an in-camera review of the subject declaration, the Court concludes that it does in fact contain privileged attorney-client communications. As a result, Plaintiff has shown good cause to file the declaration under seal.

Based on the foregoing, Plaintiff's request (ECF No. 121) is hereby GRANTED. The Clerk of this Court is ordered to file the Declaration of Attorney Lynn Hubbard III under seal, without service to other counsel.

IT IS SO ORDERED.

20110421

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