Hendon v. Baroya et al

Filing 99

ORDER Granting Request To File Documents Under Seal (Doc. 94 ), signed by Magistrate Judge Gary S. Austin on 10/2/2012. (Fahrney, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS HENDON,

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Plaintiff,
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vs.
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BAROYA, et al.,
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Defendants.
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____________________________________)

1:05-cv-01247-AWI-GSA-PC
ORDER GRANTING REQUEST
TO FILE DOCUMENTS UNDER SEAL
(Doc. 94.)

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I.

BACKGROUND

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Carlos Hendon ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis with this

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civil rights action under 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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September 30, 2005. (Doc. 1.) This action now proceeds on Plaintiff's Second Amended Complaint

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filed on June 26, 2008, against defendants Baroya, Pham, Nguyet, Hoppe, Griffin and Reidman for

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subjecting him to cruel and unusual punishment in violation of the Eighth Amendment. (Doc. 18.) On

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October 1, 2012, defendants Baroya, Nguyet, Hoppe, Griffin and Riedman (“Defendants”) filed a Motion

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for Summary Judgment. (Docs. 93.) Defendants also filed a Request for Order to File Documents

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Under Seal. (Doc. 94.)

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II.

MOTION TO SEAL DOCUMENTS

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Most courts recognize a presumption of public access to court records based on common law and

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First Amendment grounds. The public therefore normally has the right to inspect and copy documents

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filed with the court. See Nixon v. Warner Comm., Inc.,435 U.S. 589, 597-98 (1978); Globe Newspaper

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v. Superior Court for Norfolk County, 457 U.S. 596, 603 (1982); Phillips ex rel. Estates of Byrd v.

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General Motors Corp., 307 F.3d 1206, 1212 (9th Cir. 2002). However, public access may be denied

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where the court determines that court-filed documents may be used for improper purposes. Nixon, 435

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U.S. at 598; Hagestad v. Tragesser,49 F.3d 1430, 1433-1434 (9th Cir. 1995). Courts should consider

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“the interests advanced by the parties in light of the public interest and the duty of the courts.” Hagestad,

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49 F.3d at 1434 (quoting Nixon,435 U.S. at 602). The Supreme Court has acknowledged that the

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decision to seal documents is “one best left to the sound discretion of the trial court, a discretion to be

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exercised in light of the relevant facts and circumstances of the particular case.” Nixon, 435 U.S. at 599.

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After taking all relevant factors into consideration, the district court must base its decision on a

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compelling reason and articulate the factual basis for its ruling, without relying on hypothesis or

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conjecture. Hagestad, 49 F.3d at 1434. Local Rule 141allows the court to seal documents only upon

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written order. L. R. 141(a). Generally, the contents of such documents are of a nature that require the

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court to maintain the confidentiality of the document. For example, the contents may reveal information

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that may jeopardize the safety or privacy of particular individuals.

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Defendants request an order permitting them to file Exhibit A in support of their motion for

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summary judgment, under seal. Defendants assert that Exhibit A contains confidential medical material

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that is protected by the Health Insurance Portability and Accountability Act of 1996 (HIPPA), and that

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the documents in Exhibit A are substantially similar to the documents that Defendants requested to

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submit under seal in support of their vexatious litigant motion, (ECF No. 54-2), except Defendants are

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submitting additional medical documents and have Bates-stamped the documents for the Court’s

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convenience. Defendants agree, that should permission be given to seal Exhibit A, they will manually

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file the document and serve a copy on the Plaintiff.

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III.

CONCLUSION

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Good cause appearing, IT IS HEREBY ORDERED that:

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1.

Defendants request for a court order permitting them to file Exhibit A case documents

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in support of their Motion for Summary Judgment under seal, filed on October 1, 2012,

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is GRANTED;

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Upon submission of Exhibit A case documents by Defendants, the Clerk of Court is

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DIRECTED to file under seal the Exhibit A case documents, until they are ordered

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unsealed by the Court; and

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Defendants shall serve a copy of the Exhibit A case documents on the Plaintiff.

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IT IS SO ORDERED.

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Dated:
6i0kij

October 2, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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