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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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 plaintiff's motion for leave to file a response to defendants' motion
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for summary judgment and controverting statement of facts under seal because these
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documents discuss rulings of the juvenile court. (Doc. 144).
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There is a "strong presumption in favor of access" to court records. Kamakana v. City
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& Cnty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). To overcome this burden, a party
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seeking to seal a judicial record "must articulate compelling reasons supported by specific
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factual findings that outweigh the general history of access and the public policies favoring
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disclosure." Id. at 1178-79 (brackets, internal quotation marks, and citations omitted).
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Juvenile court records and proceedings are generally confidential. See, e.g., A.R.S.
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§ 8-208(F) ("Except as otherwise provided by law, the records of an adoption, severance or
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dependency proceeding shall not be open to public inspection."); § 8-537(A) (excluding
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general public from termination adjudication hearing). Public policy favors the protection
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of minors' privacy in such matters. Compelling reasons exist for sealing these documents.
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IT IS ORDERED GRANTING plaintiff's motion to file under seal (doc. 144).
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DATED this 31st day of May, 2012.
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