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O'Dell v. Ikeda

United States District Court, E.D. California

April 11, 2017

BRIAN O'DELL SR., et al ., Plaintiffs,
v.
DALE IKEDA, et al ., Defendants.

          ORDER STRIKING AND SEALING DOCUMENTS CONTAINING IMPROPER MATERIAL AND GRANTING LEAVE TO RE-FILE (ECF NOS. 1, 2)

         Plaintiffs Brian O'Dell, Sr. and Candice O'Dell, appearing pro se, filed a Complaint on April 7, 2017 (ECF No. 1), along with a motion to proceed in forma pauperis for Candice O'Dell (ECF No. 2). The Court has reviewed the Complaint and Motion to Proceed In Forma Pauperis and finds that the filings contain private identifying information concerning minors.[1]

         Rule 5.2 of the Federal Rules of Civil Procedure provides:

(a) Redacted Filings. Unless the court orders otherwise, in an electronic or paper filing with the court that contains an individual's social-security number, taxpayer-identification number, or birth date, the name of an individual known to be a minor, or a financial-account number, a party or nonparty making the filing may include only:
(1) the last four digits of the social-security number and taxpayer-identification number;
(2) the year of the individual's birth;
(3) the minor's initials; and
(4) the last four digits of the financial-account number.

         Fed. R. Civ. P. 5.2(a). Furthermore, the Local Rules of this Court provide that:

         (a) Privacy In General. Except as set forth below, pursuant to the Judicial Conference Policy on Privacy and Electronic Access to Case Files, and the E-Government Act of 2002, Pub. L. No. 107-347, effective April 16, 2003, when filing documents, counsel and the Court shall omit or, where reference is necessary, partially redact the following personal data identifiers from all pleadings, documents, and exhibits, whether filed electronically or on paper, unless the Court orders otherwise:

(i) Minors' names: In criminal actions, use the minors' initials; in civil actions use initials when federal or state law require the use of initials, or when the specific identity of the minor is not necessary to the action or individual document;
(ii) Financial account numbers: Identify the name or type of account and the financial institution where maintained, but use only the last four numbers of the account number;
(iii) Social Security numbers: Use only the last four numbers;
(iv) Dates of birth: Use only the year;
(v) Home addresses in criminal actions only; use only the city ...

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