McColm v. State of California et al

Filing 69

ORDER GRANTING Request to File Document Under Seal 68 , signed by Magistrate Judge Jeremy D. Peterson on 9/19/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PATRICIA A. MCCOLM,
Plaintiff,
v.

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STATE OF CALIFORNIA, et al.,

Case No. 1:14-cv-00580-LJO-JDP
ORDER GRANTING REQUEST TO FILE
DOCUMENT UNDER SEAL
(Doc. No. 68.)

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Defendants.
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Plaintiff Patricia A. McColm is proceeding without counsel in this civil rights action

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brought under 42 U.S.C. § 1983 and the Americans with Disabilities Act. Plaintiff has requested

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to file a document under seal. (Doc. No. 68.)

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In the Ninth Circuit, there is a “strong presumption in favor of access to court records.”

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See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). However, the

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presumption is not absolute. See id. “Documents may be sealed only by written order of the

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Court, upon the showing required by applicable law.” Local Rule 141. Upon a showing of good

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cause, the court may issue a protective order to prevent a party “from annoyance, embarrassment,

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oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c).

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Here, plaintiff has asked to file a letter from a physician under seal. The court presumes
that plaintiff is attempting to protect personal health information. See 45 C.F.R. Part 164. The

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court will grant the motion (Doc. No. 68) and permit the letter to be filed under seal. The

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presiding judge will decide how much weight to give the contents of the letter—or whether it is

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appropriate to consider it at all—upon his consideration of the objections to the pending findings

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and recommendations.

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IT IS SO ORDERED.

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Dated:

September 19, 2018

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UNITED STATES MAGISTRATE JUDGE

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