The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
Carlo Coppo, Esq./CSB No. 34426 Michael R. Popcke, Esq./CSB No. 122215 Andrew Osorno, Esq./CSB No. 204941 DiCARO, COPPO & POPCKE 2780 Gateway Road Carlsbad, California 92009-1730 (760) 918-0500 (Telephone) (760) 918-0008 (Facsimile) Attorneys for Defendants SIERRA KINGS HEALTH CARE DISTRICT, dba SIERRA KINGS DISTRICT HOSPITAL
STIPULATION & ORDER TO UNSEAL DOCUMENTS AND INCLUDE IN THE CLERK'S RECORD Dept.: 8
Magistrate Judge: Hon. Gary S. Austin
Complaint Filed: September 11, 2006
IT IS HEREBY STIPULATED by and between the Plaintiff Robert Jablonsky, M.D. ("Dr. Jablonsky") through his attorney of record, William S. Romaine, and Defendants Sierra Kings Health Care District dba Sierra Kings District Hospital ("SKDH"), through their attorneys of record, DiCaro, Coppo & Popcke, as follows:
The Court is requested to Unseal the documents that were sealed in its orders of December 15, 2006 (Doc #12) and May 22, 2009 (Doc #65) and include said documents in the District Clerk's Record for transmission to the United States Court of Appeals for the Ninth Circuit in accordance with Rules 10 and 11 of Federal Rules of Appellate Procedure for use in Case Number 11-16973, Plaintiff's appeal of this Court's order of the July 15, 2011 granting Defendant's motion for Summary Judgment (Doc #116).
The parties hereto agree and stipulate that good cause exists for their request to Unseal the documents and include them as part of the Clerk's Record. Specifically, the Parties agree that said documents were properly filed and before the Trial Court and are listed in the Court's Docket Sheet. Further, the sealed documents are essential to the resolution of an issue on appeal. However, because they are sealed, the documents are not currently part of the District Court Clerk's Record. Additionally, the parties cannot obtain conformed copies of documents filed under seal for use and identification in their appellate briefs.
UNITED STATES DISTRICT JUDGE
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