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Martinez v. Martinez

United States District Court, E.D. California

November 2, 2017

MICHELLE ANN MARTINEZ, Plaintiff,
v.
JOSE H. MARTINEZ, MAYRA GARCIA, Defendants.

          ORDER STRIKING AND SEALING DOCUMENTS CONTAINING IMPROPER MATERIAL AND GRANTING LEAVE TO RE-FILE (ECF NO. 1)

         Plaintiff Michelle Ann Martinez, appearing pro se, filed a Complaint on October 30, 2017. (ECF No. 1). The Court has reviewed the Complaint and finds that it: A) improperly contains private identifying information concerning minors, and B) likely was improperly filed in federal court instead of state court. Plaintiff may amend re-file the complaint as a “First Amended Complaint.” However, before doing so, she should first take note of the two issues identified in this Order.

         A. Improper Identifying Information Concerning a Minor

         Federal Rule of Civil Procedure 5.2 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 further 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 EGovernment 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 ...

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