Smith v. Barrow Neurological Institute et al

Filing 147

ORDER granting 144 Motion to Seal. Signed by Judge Frederick J Martone on 5/31/12.(MAP)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 10 11 12 13 14 15 ) ) ) Plaintiff, ) ) vs. ) ) Barrow Neurological Institute of St.) Joseph's Hospital and Medical Center, et) ) al., ) ) Defendants. ) ) Leanna Smith, No. CV 10-01632-PHX-FJM ORDER 16 17 We have before us plaintiff's motion for leave to file a response to defendants' motion 18 for summary judgment and controverting statement of facts under seal because these 19 documents discuss rulings of the juvenile court. (Doc. 144). 20 There is a "strong presumption in favor of access" to court records. Kamakana v. City 21 & Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). To overcome this burden, a party 22 seeking to seal a judicial record "must articulate compelling reasons supported by specific 23 factual findings that outweigh the general history of access and the public policies favoring 24 disclosure." Id. at 1178-79 (brackets, internal quotation marks, and citations omitted). 25 Juvenile court records and proceedings are generally confidential. See, e.g., A.R.S. 26 § 8-208(F) ("Except as otherwise provided by law, the records of an adoption, severance or 27 dependency proceeding shall not be open to public inspection."); § 8-537(A) (excluding 28 general public from termination adjudication hearing). Public policy favors the protection 1 of minors' privacy in such matters. Compelling reasons exist for sealing these documents. 2 IT IS ORDERED GRANTING plaintiff's motion to file under seal (doc. 144). 3 DATED this 31st day of May, 2012. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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