Smith v. Barrow Neurological Institute et al
Filing
137
ORDER granting 133 Motion to Seal. Signed by Judge Frederick J Martone on 4/20/12. (MAP)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Plaintiff,
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vs.
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Barrow Neurological Institute of St.)
Joseph's Hospital and Medical Center, et)
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al.,
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Defendants.
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Leanna Smith,
No. CV 10-01632-PHX-FJM
ORDER
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We have before us defendants' motion to file under seal (doc. 133). Banner Health
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System and Scott Elton, M.D. ("Banner defendants") move for leave to file their motion for
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summary judgment and supporting statement of facts under seal. These documents quote
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from juvenile court records.
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There is a "strong presumption in favor of access" to court records, including motions
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for summary judgment and related attachments. Kamakana v. City & Cnty. of Honolulu, 447
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F.3d 1172, 1179 (9th Cir. 2006). To overcome this burden, a party seeking to seal a judicial
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record "must articulate compelling reasons supported by specific factual findings that
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outweigh the general history of access and the public policies favoring disclosure." Id. at
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1178-79 (brackets, internal quotation marks, and citations omitted). Compelling reasons
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exist when "'court files might have become a vehicle for improper purposes,' such as the use
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of records to gratify private spite, promote public scandal, circulate libelous statements, or
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release trade secrets." Id. at 1179.
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Banner defendants claim the records should be sealed because publicly releasing the
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information could embarrass, harass, or otherwise harm the children. Juvenile court records
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and proceedings are generally confidential. See, e.g., A.R.S. ยงยง 8-208(F) ("Except as
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otherwise provided by law, the records of an adoption, severance or dependency proceeding
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shall not be open to public inspection."); 8-537(A) (excluding general public from
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termination adjudication hearing). Public policy favors the protection of minors' privacy in
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such sensitive matters. Compelling reasons exist for sealing these documents.
IT IS ORDERED GRANTING Banner defendants' motion to file under seal (doc.
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133).
DATED this 20th day of April, 2012.
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