Automated Summary
Key Facts
The Northern District of California denied Plaintiff Anthony McGee's motions to seal juvenile court records, for default judgment under Rule 55(b), and for relief from judgment under Rule 60(b)(3), (4), and (6). Defendants' requests to declare McGee a vexatious litigant and for attorney fees were also denied. The court noted McGee's prior conviction for a felony under California law (United States v. McGee, No. 12-cr-00052) and determined that the records in question pertained to his adult criminal history, not juvenile case files protected by California Welfare and Institutions Code § 827. The case (Case No. 3:23-cv-00375-AGT) was dismissed on the merits under Rule 41(b) by the Ninth Circuit, and McGee was admonished against duplicative filings in a closed case.
Issues
- McGee moved for relief from judgment under Rule 60(b)(3), (4), and (6). The court denied the motion, finding his arguments about Defendants' access to juvenile records and evidentiary claims inapplicable to the civil case. The court also noted McGee failed to establish grounds for relief and that his juvenile records were properly disclosed under California law.
- McGee requested a default judgment under Rule 55(b). The court denied the motion, first citing procedural violations (motion improperly noticed without a hearing date under Civil L.R. 7-2(a)). It further held that default judgment was inapplicable because the case was already dismissed on its merits via Rule 41(b) (Dkts. 44 & 52).
- Defendants sought attorney fees but provided no legal authority for the Court to award them. The Court explicitly denied the request, citing the absence of a basis for fee recovery.
- Plaintiff Anthony McGee sought to seal juvenile court records, but the court denied the motion. The court noted that all relevant records were already sealed in prior motions (Dkts. 16 & 40) and that McGee failed to specify any remaining documents. Additionally, the court found the request to seal the entire record not narrowly tailored under Civil Local Rule 79-5(c)(3).
Holdings
- McGee's motion for default judgment is denied because the motion was improperly noticed without a hearing date and the case was dismissed on its merits under Rule 41(b).
- The Court denies McGee's motion to seal juvenile court records, as all prior records were already sealed, and he did not identify any new records for sealing.
- Defendants' request to declare McGee a vexatious litigant is denied, as the Court found no adequate record or opportunity for McGee to be heard on the matter.
- The Court denies McGee's motion for relief from judgment under Rule 60(b)(3), (4), and (6), rejecting arguments about his criminal conviction and juvenile records access, as these issues are outside the scope of the motion and lack legal basis.
- Defendants' request for fees is denied because they provided no legal authority to support the Court's award of fees.
Remedies
- The court denied the motion for relief from judgment under Rule 60(b)(3), (4), and (6), finding McGee's arguments unconvincing and his claims outside the scope of the motion.
- The court denied the motion for default judgment under Rule 55(b) due to improper notice and the case having been dismissed on its merits under Rule 41(b).
- The court denied Defendants' request for fees, as they provided no authority for such an award.
- The court denied the request to declare McGee a vexatious litigant, stating the request was premature without a hearing and adequate record.
- The court denied the motion to seal juvenile court records, noting no records remained unsealed and McGee failed to identify specific documents.
Legal Principles
- Default judgment was denied under Federal Rule of Civil Procedure 55(b) because defendants participated in the case, leading to a dismissal on merits under Rule 41(b).
- The court denied the motion to seal juvenile court records, citing that prior sealing motions had already been granted and the request to seal the entire record was not narrowly tailored per Civil Local Rule 79-5(c)(3).
- Defendants' request to declare McGee a vexatious litigant was denied under 28 U.S.C. § 1651(a) due to lack of proper procedural steps like notice and opportunity to be heard.
- The court applied the Rule of Completeness (Fed. R. Evid. 106), allowing Defendants to introduce full police reports after McGee partially cited them in his complaint.
- Request for fees was denied as Defendants provided no legal authority to support the fee award under applicable federal law.
- Relief from judgment under Rule 60(b)(3), (4), and (6) was denied as McGee failed to demonstrate grounds for relief, including fraud, void judgment, or other justifying reasons.
Precedent Name
- De Long v. Hennessey
- Ringgold-Lockhart v. County of Los Angeles
- Phillips ex rel. Ests. of Byrd v. Gen. Motors Corp.
Cited Statute
- California Welfare and Institutions Code
- United States Code
Judge Name
Alex G. Tse
Passage Text
- McGee was found to have committed one of the listed felonies and, as such, his records can be disclosed publicly. See Cal. Welf. & Inst. Code § 707(b) (enumerating felonies); dkt. 24-1 at 8 (police report explaining McGee's conviction history). Given that this information could be disclosed to a member of the public, it follows that Defendants are not barred from accessing it.
- McGee moves for default judgment under Federal Rule of Civil Procedure (Rule) 55(b). Dkt. 61. As an initial matter, this motion was improperly noticed without a hearing date and can be denied on that basis. See Civil L.R. 7-2(a) ('all motions must be filed, served and noticed in writing on the motion calendar of the assigned Judge for hearing not less than 35 days after filing of the motion'). Next, Rule 55 allows for a Clerk of Court to enter default... In this case, Defendants participated, resulting in a dismissal of this case on its merits under Rule 41(b). See dkts. 44 (order dismissing case) & 52 (mandate of Ninth Circuit on appeal).
- Defendants filed court records alongside motions to dismiss at dkts. 7 and 24. However, with both motions to dismiss, Defendants filed administrative motions to seal those records. See dkts. 8 & 23. And the Court already granted those motions to seal. See dkts. 16 & 40. McGee himself filed court records with his complaint. See dkt. 1. Similarly, the Court already sealed the complaint and its attachments. See dkt. 40 at 11.12