Smith v. Barrow Neurological Institute et al
Filing
249
ORDER granting Banner Health System's 231 Motion to file Exhibit A to Motion to Transfer under seal, State Defendants' 236 Motion to file Motion for Summary Judgment and Statement of Facts under seal, Banner Health System and Scott Elton, M.D.'s 239 Motion to file Motion for Sanctions under seal, and Plaintiff's 245 Motion to file Exhibits to Response to Motion for Transfer of Related Case under seal. Signed by Judge Frederick J Martone on 9/19/12.(MAP)
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 Banner Health System's motion to file Exhibit A to motion to
18
transfer [doc. 230] under seal (doc. 231), state defendants' motion to file motion for summary
19
judgment and statement of facts under seal (doc. 236), Banner Health System and Scott
20
Elton, M.D.'s motion to file motion for sanctions under seal (doc. 239), and plaintiff's motion
21
to file exhibits to response to motion for transfer of related case under seal (doc. 245). These
22
documents discuss medical records, juvenile court records, an investigation by Child
23
Protective Services workers, and police reports.
24
There is a "strong presumption in favor of access" to court records, including motions
25
for summary judgment and related attachments. Kamakana v. City & Cnty. of Honolulu, 447
26
F.3d 1172, 1179 (9th Cir. 2006). To overcome this burden, a party seeking to seal a judicial
27
record "must articulate compelling reasons supported by specific factual findings that
28
outweigh the general history of access and the public policies favoring disclosure." Id. at
1
1178-79 (brackets, internal quotation marks, and citations omitted).
2
Exhibit A to the motion to transfer is the complaint filed under seal in another case.
3
It centers on an investigation made by Child Protective Services. State defendants contend
4
their motion for summary judgment and statement of facts should be sealed because publicly
5
releasing medical and juvenile court information could embarrass, harass, or otherwise harm
6
plaintiff's daughter, C.R. Banner Health System and Scott Elton, M.D. request the sealing
7
of their motion for sanctions because the motion and exhibits contain information related to
8
the juvenile court proceedings. Plaintiff's exhibits consist of juvenile court files, minute
9
entries from that court, and a police report involving allegations made to Child Protective
10
Services.
11
Juvenile court records and proceedings are generally confidential. See, e.g., A.R.S.
12
§§ 8-208(F) ("Except as otherwise provided by law, the records of an adoption, severance
13
or dependency proceeding shall not be open to public inspection."); 8-537(A) (excluding
14
general public from termination adjudication hearing). Records relating to investigations
15
conducted by Child Protective Services are confidential. A.R.S. § 41-1959(A). Public policy
16
favors the protection of minors' privacy in such sensitive matters. Compelling reasons exist
17
for sealing these documents.
18
IT IS ORDERED GRANTING Banner Health System's motion to file Exhibit A to
19
motion to transfer under seal (doc. 231), state defendants' motion to file motion for summary
20
judgment and statement of facts under seal (doc. 236), Banner Health System and Scott
21
Elton, M.D.'s motion to file motion for sanctions under seal (doc. 239), and plaintiff's motion
22
to file exhibits to response to motion for transfer of related case under seal (doc. 245).
23
DATED this 19th day of September, 2012.
24
25
26
27
28
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?