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Fox v. County of Tulare

United States District Court, Ninth Circuit

January 22, 2014

PAMELA J. FOX, ON BEHALF OF HERSELF AND AS NEXT FRIEND TO C.M.R., A MINOR, Plaintiffs,
v.
COUNTY OF TULARE, LETICIA CASTANEDA, ERICA SOTO, RON CASTANEDA, JULIA LANGLEY, CAROL HELDING, JOHN ROZUM, STEVEN D. ROGERS and DOES 1 to 100, inclusive, Defendants.

James D. Weakley, Esq. Bar No. 082853, Leslie M. Dillahunty, Esq. Bar No. 195262, Weakley & Arendt, LLP, Fresno, California, Attorneys for Defendants, Leticia Castaneda, Erica Soto and Ron Castaneda.

REQUEST TO FILE EXHIBITS UNDER SEAL RE DEFENDANTS LETICIA CASTANEDA, ERICA SOTO, AND RON CASTANEDA'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION OF ISSUES

ANTHONY W. ISHII, Senior District Judge.

COME NOW defendants, LETICIA CASTANEDA, ERICA SOTO and RON CASTANEDA and request that the following exhibits delivered herewith be filed under seal:

1. Exhibits B - C of the Declaration to the Declaration of Leslie M. Dillahunty in Support of Defendants' Motion for Summary Judgment or in the Alternative Summary Adjudication of the Issues. These documents include confidential and sealed portions of deposition transcripts in the underlying family law proceedings, which are subject to a Protective Order issued June 19, 2012 by the Superior Court of California, Tulare County and require that these documents be filed under seal or otherwise not be made public. Specifically Exhibit B consists of the excerpts of the September 24, 2013 deposition of Lisbeth Lerma and Exhibit C consists of the excerpts of the September 27, 2013 deposition of Natalie Armistead. Questions in portions of the depositions entail the investigation of allegations of sexual abuse pertaining to a minor. Given the confidential nature of the proceedings, it is requested that Exhibits B - C of the Declaration to the Declaration of Leslie M. Dillahunty be filed with the court under seal. Attached hereto as Exhibit "1" is a true and correct copy of the June 19, 2012 Protective Order.
2. Exhibits A - H to the Declaration of Gary Kupfer. Exhibits A - H consist of copies of records from Tulare County Child Welfare Services, which are subject to the June 8, 2012 Protective Order issued in the Superior Court of California, Tulare County and require that these documents be filed under seal or otherwise not be made public. Furthermore, the records pertain to the investigation of allegations of sexual abuse pertaining to a minor. Given the confidential nature of the records, it is requested that Exhibits A - H to the Declaration of Gary Kupfer be filed with the court under seal. Attached hereto as Exhibit "2" is a true and correct copy of the June 8, 2012 Protective Order.
3. Exhibit A to the Declaration of Lydia Suarez. Exhibit A consists of copies of records from Tulare County Child Welfare Services, which are subject to the June 8, 2012 Protective Order issued in the Superior Court of California, Tulare County and require that these documents be filed under seal or otherwise not be made public. Furthermore, the records pertain to the investigation of allegations of sexual abuse pertaining to a minor. See Exhibit "2."
4. Exhibits F - O to the Request for Judicial Notice in Support of Motion for Summary Judgment or Alternatively Summary Adjudication of Issues. Exhibits F - L consists of court documents filed in the underlying family law proceedings and Exhibits M - O consist of transcripts of the proceedings in the underlying family law proceedings. The court documents and transcripts pertain to the investigation of allegations of sexual abuse pertaining to a minor. Given the confidential nature of the records, it is requested that Exhibits F - O to the Request for Judicial Notice be filed with the court under seal. See Exhibit "1."

GOOD CAUSE APPEARING,

IT IS ORDERED THAT EXHIBITS B - C TO THE DECLARATION OF LESLIE M. DILLAHUNTY, EXHIBITS A - H TO THE DECLARATION OF GARY KUPFER, EXHIBIT A TO THE DECLARATION OF LYDIA SUAREZ, AND EXHIBITS F - O TO THE REQUEST FOR JUDICIAL NOTICE BE FILED UNDER SEAL.

IT IS SO ORDERED.


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