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Planned Parenthood Motion To Seal Video Testimonies On Tissue Trafficking
Planned Parenthood Motion To Seal Video Testimonies On Tissue Trafficking
Planned Parenthood Motion To Seal Video Testimonies On Tissue Trafficking
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1 Practices Litig., 686 F.3d 1115, 1119 (9th Cir. 2012). Planned Parenthood respectfully submits
2 that there are compelling reasons to grant the motion to seal these documents.
3 4. Appendix Exhibits 4, 6, and 7 contain personal information about the deponents,
4 information related to Planned Parenthood’s internal practices and procedures, and discussion of the
5 content of NAF conference videos covered by this Court’s preliminary injunction, all as specified in
6 the table below.
7 Exhibit and page/line Grounds for confidentiality designation and sealing
8
Exhibit 4 at 433-434 Discussion of content of NAF videos which are protected
9 under the NAF preliminary injunction.
10 Exhibit 6 at 26:1-17; 26:19- Information about deponent’s personal background and job
21 history.
11
Exhibit 6 at 43;44 Information about deponent’s job responsibilities at PPGC,
12
Exhibit 6 at 313; 314; 315; Discussion of content of NAF videos which are protected
13 316:1-20; 316:24-25 under the NAF preliminary injunction and discussion of
PPGC’s contracts.
14
Exhibit 7 at 33:1; 33:6-11; Information about deponent’s personal background,job
15 33:20; 33:23-25; 37:1; history, and job responsibilities at PPFA.
37:19-25; 38; 39
16
17
These depositions were taken in and for the purpose of the Planned Parenthood litigation, and
18
because they were properly designated under the Protective Order without challenge, the
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depositions are to be used only for that litigation. The Protective Order in that case specifically
20
precludes the use of such material for political or advocacy purposes. ECF No. 117, § 8.1.
21
5. Planned Parenthood has legitimate concerns, based on their prior conduct, that David
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Daleiden and Center for Medical Progress nonetheless will use any unsealed deposition testimony
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or documents to further their inflammatory claims against Planned Parenthood, which anti-abortion
24
outlets—including those controlled by Defendants and allies—will spread, and which could result
25
in renewed attacks on Planned Parenthood. Defendants Daleiden and Center for Medical Progress
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already have publicly released deposition videos corresponding to deposition excerpts unsealed
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during the Planned Parenthood litigation, including by creating new compilation videos, which, on
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TROTTER DECLARATION IN SUPPORT OF MOTION TO SEAL Case No. 3:15-cv-3522-WHO
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1 information and belief, have resulted in increased security concerns for the Planned Parenthood and
2 the individual deponents.
3 6. Planned Parenthood requests that – to the extent any of the deposition transcripts
4 attached as NAF Appendix exhibits 4, 6, 7, and 50 are unsealed – the Court clarify in its order that
5 the deposition videos remain confidential (or highly confidential) pursuant to the protective order in
6 the Planned Parenthood matter. Because the deposition videos have not been made part of the
7 public record on NAF’s summary judgment motion, “the presumption in favor of public access does
8 not apply.” Fish v. Kobach, No. 16-2105-JAR, 2018 WL 5295891, at *6 (D. Kan. Oct. 25,
9 2018). Additionally, “deponents have no expectation or notice that the videos will be disseminated
10 beyond the presentation during trial.” Apple iPod iTunes Antitrust Litig., 75 F. Supp. 3d 1271, 1276
11 (N.D. Cal. 2014). Furthermore, the rules permitting depositions were “not intended to further a
12 party’s commercial goals or private pursuits or ‘to be a vehicle for generating content for broadcast
13 and other media.’” Drake v. Benedek Broad. Corp., No. CIV.A.99-2227GTV, 2000 WL 156825, at
14 *2 (D. Kan. Feb. 9, 2000) (quoting Paisley Park Enterprises, Inc. v. Uptown Prods., 54 F. Supp. 2d
15 347, 349 (S.D.N.Y. 1999)). And the security concerns raised by Defendants’ use of video
16 recordings militate strongly in favor of maintaining their confidential status under the protective
17 order.
18 7. For these reasons, Planned Parenthood respectfully requests that the Court accept
19 for filing redacted versions of Exhibits 4, 6, and 7. Alternatively, if the Court decides to unseal the
20 transcript pages of the depositions, Planned Parenthood requests that the video recordings of the
21 depositions remain confidential or highly confidential.
22
23 I declare until penalty of perjury that the foregoing is true and correct. Executed in Los Angeles,
24 California this 27th day of October, 2020.
25
26 /s/ Rhonda R. Trotter
Rhonda R. Trotter
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TROTTER DECLARATION IN SUPPORT OF MOTION TO SEAL Case No. 3:15-cv-3522-WHO
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