Chester v. King, et al.

Filing 45

ORDER Granting Defendant Powers' In Camera Request to File Exhibits Under Seal; ORDER for Clerk to File Under Seal: (1) Defendant Powers' Request to File Exhibits Under Seal; and (2) Exhibit D to Anoush Holaday's Declaration in Support of Defendant Powers' motion for Summary Judgment, signed by Magistrate Judge Gary S. Austin on 9/10/19. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAYMOND D. CHESTER,

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Plaintiff,

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vs.

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AUDREY KING, et al.,

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Defendants.

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1:16-cv-01257-DAD-GSA-PC
ORDER GRANTING DEFENDANT
POWERS’ IN CAMERA REQUEST TO FILE
EXHIBITS UNDER SEAL
ORDER FOR CLERK TO FILE UNDER
SEAL:
(1) DEFENDANT POWERS’ REQUEST TO
FILE EXHIBITS UNDER SEAL; AND
(2) EXHIBIT “D” TO ANOUSH HOLADAY’S
DECLARATION IN SUPPORT OF
DEFENDANT POWERS’ MOTION FOR
SUMMARY JUDGMENT

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I.

BACKGROUND

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Raymond D. Chester (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with

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Plaintiff’s First Amended Complaint filed on August 31, 2017 against defendants Audrey King
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(Executive Director), Jagsir Sandhu, M.D. (Chief Medical Officer), Bradley Powers, M.D. (Unit

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Physician), and Robert Withrow, M.D. (Medical Director of CSH) (collectively, “Defendants”)

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for failing to provide adequate medical care to Plaintiff in violation of the Fourteenth

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Amendment. (ECF No. 10.)

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On June 21, 2019, Defendants filed a Stipulation and [proposed] Protective Order

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regarding disclosure of confidential health information and personal information. (ECF No. 30.)

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On July 2, 2019, the court approved the stipulated Protective Order (ECF No. 32.)

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On August 19, 2019, defendant Bradley Powers, M.D. (“Powers”) filed a motion for

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summary judgment. (ECF No. 36.) On the same date, Powers filed a Notice of Request to Seal

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Exhibits in support of the motion for summary judgment. (ECF No. 36-11.) Also on August 19,

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2019, Defendant emailed to chambers:

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(1)

an in camera Request to Seal Exhibit “D” to Anoush Holaday’s Declaration in
support of Defendant’s Motion for Summary Judgment;

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(2)

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a copy of Anoush Holaday’s Declaration and its Exhibits A, B, and C (ECF No.
36-3, 36-4, 36-5, 36-6); and

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(3)

an in camera unredacted copy of Exhibit “D” to Anoush Holaday’s Declaration
consisting of Plaintiff’s supporting medical records to be sealed.

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On or about August 19, 2019, Plaintiff was served with Powers’ Notice of Request to

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Seal, Request to Seal, and the Exhibit “D” documents proposed to be sealed, but has not filed an

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opposition to the Request to Seal.1
Powers’ request to seal exhibits is now before the court. Local Rule 230(l).

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II.

SEALING DOCUMENTS

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Federal courts have recognized a strong presumption that judicial records are accessible

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to the public. Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

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“Unless a particular court record is one ‘traditionally kept secret,’ a ‘strong presumption in favor

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Except in criminal pre-indictment matters, and unless otherwise ordered by the Court, a party
may submit an opposition to the “Request to Seal Documents” within three days of the date of service of the “Notice
of Request to Seal Documents.” Local Rule 141(c).
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of access’ is the starting point.” Id. (quoting Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d

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1122, 1135 (9th Cir. 2003). Pursuant to Federal Rule of Civil Procedure 5.2(d), a court “may

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order that a filing be made under seal without redaction,” and the Supreme Court has

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acknowledged that the decision to seal documents is “one best left to the sound discretion of the

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trial court, a discretion to be exercised in light of the relevant facts and circumstances of the

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particular case,” Nixon v. Warner Communications, Inc., 435 U.S. 589, 599, 98 S.Ct. 1306, 1312

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(1978). Courts should consider “the interests [of] the parties in light of the public interest and

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the duty of the courts.” Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1995) (quoting

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Nixon, 435 U.S. at 602).

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There are two standards for a party to consider when it seeks to file a document under

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seal: the compelling reasons standard and the good cause standard. See Center for Auto Safety

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v. Chrysler Group. LLC, 809 F.3d 1092, 1096-97 (9th Cir. 2016). Under the compelling reasons

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standard, “a court may seal records only when it finds ‘a compelling reason and articulate[s] the

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factual basis for its ruling, without relying on hypothesis or conjecture.” Id. (quoting Kamakana,

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447 F.3d at 1179). “The court must then ‘conscientiously balance[ ] the competing interests of

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the public and the party who seeks to keep certain judicial records secret.” Id. The Ninth Circuit

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has clarified that the key in determining which standard to apply in assessing a motion for leave

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to file a document under seal is whether the documents proposed for sealing accompany a motion

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that is “more than tangentially related to the merits of a case.” Center for Auto Safety, 809 F.3d

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at 1101. If that is the case, the compelling reasons standard is applied. If not, the good cause

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standard is applied.

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Center for Auto Safety described the good cause standard, on the other hand, as the

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exception to public access that had been applied to “sealed materials attached to a discovery

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motion unrelated to the merits of a case.” Id. (citing Phillips ex rel. Estates of Byrd v. Gen. Motors

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Corp., 307 F.3d 1206, 1213-14 (9th Cir. 2002) ). “The ‘good cause language comes from Rule

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26(c)(1), which governs the issuance of protective orders in the discovery process: The court

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may, for good cause, issue an order to protect a party or person from annoyance, embarrassment,

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oppression, or undue burden or expense.” Id. (citing Fed. R. Civ. P. 26(c) ). However, “[t]he

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mere fact that the production of records may lead to a litigant’s embarrassment, incrimination, or

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exposure to further litigation will not, without more, compel the court to seal its records.” Id.

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(citing Foltz , 331 F.3d at 1136.

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III.

DEFENDANT POWERS’ REQUEST TO FILE EXHIBITS UNDER SEAL

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In order to protect Plaintiff’s privacy right to confidential information pursuant to Article

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I, Section 1 of the California Constitution and HIPAA,2 Powers requests a court order permitting

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Exhibit “D” to Anoush Holaday’s Declaration in support of Powers’ Motion for Summary

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judgment, consisting of 262 pages, to be filed under seal. Powers seeks to seal excerpts from

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Plaintiff’s medical records, which contain sensitive and protected health information. Powers

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contends that there is an overriding interest in these documents being sealed from public view in

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order to protect Plaintiff’s sensitive medical information and privacy.

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IV.

DISCUSSION

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Here, Powers seeks to file exhibits under seal in connection with his motion for summary

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judgment (ECF No. 36), which is unquestionably “more than tangentially related to the merits of

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a case.” Therefore, the compelling reasons standard applies.

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This court, and others within the Ninth Circuit, have recognized that the need to protect

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medical privacy qualifies as a “compelling reason” for sealing records. See, e.g., San Ramon

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Reg’l Med. Ctr., Inc. v. Principal Life Ins. Co., No. C 10–02258 SBA, 2011 WL 89931, at *1 n.

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1 (N.D.Cal. Jan.10, 2011); Abbey v. Hawaii Emp’r Mut. Ins. Co., Civil No. 09–000545

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SOM/BMK, 2010 WL 4715793, at * 1–2 (D.Haw. Nov.15, 2010); G. v. Hawaii, 2010 WL

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267483, at *1-2 (D.Haw. June 25, 2010); Wilkins v. Ahern, No. C 08–1084 MMC (PR), 2010

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WL 3755654, at *4 (N.D.Cal. Sept.24, 2010); Lombardi v. Tri West Healthcare Alliance Corp.,

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Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d et seq.
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2009 WL 1212170, at *1 (D.Ariz. May 4, 2009); and Battle v. Martinez, 2:16-cv-0411-TLN-

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CKD, 2017 WL 445736 at *3 (E.D.Cal. Feb. 2, 2017). This is because a person’s medical records

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contain sensitive and private information about their health. Plaintiff’s claim in this case is for

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inadequate medical treatment in violation of the Fourteenth Amendment based on allegations

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that defendants King, Powers, Sandhu, and Withrow denied him treatment for Hepatitis C. While

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a plaintiff puts certain aspects of his medical condition at issue when he files an action alleging

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deliberate indifference to a serious medical need under the Fourteenth Amendment, that does not

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mean that all of his medical records filed in connection with a motion for summary judgment

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need be unnecessarily available to the public. In other words, the plaintiff’s interest in keeping

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his sensitive health information confidential outweighs the public’s need for direct access to the

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medical records.

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The court has reviewed the documents submitted in camera as Exhibit “D” and finds that

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Exhibit “D” contains Plaintiff’s sensitive health information, medical history, and treatment

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records. Plaintiff has placed his Hepatitis C diagnosis and the medical treatment for this

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condition by Defendants at issue. However, the medical records in Exhibit “D” include sensitive

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information about Plaintiff’s medical history that is not at issue in Powers’ motion for summary

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judgment. Powers has made an adequate showing of compelling reasons to seal these medical

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records. Balancing the need for the public’s access to information regarding Plaintiff’s sensitive

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medical history against the need to maintain the confidentiality of Plaintiff’s medical records

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weighs in favor of sealing these exhibits. Accordingly, the court will grant defendant Powers’

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unopposed motion to seal Exhibit “D.” As Powers submitted these documents to the court for in

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camera review per Local Rule 141(b), the court will direct the Clerk of Court to file them under

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seal, nunc pro tunc, as of the date the exhibits were submitted.

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V.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Defendant Powers’ Request to File Exhibits under Seal, submitted for in camera
review on August 19, 2019, is GRANTED; and

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The Clerk of Court is DIRECTED to file under seal, as of the submission date,

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the following documents which were submitted to the court for in camera review

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on August 19, 2019:

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(1)

Defendant Powers’ Request to File Exhibits Under Seal; and

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(2)

Exhibit “D” to Anoush Holaday’s Declaration in support of Defendant
Powers’ Motion for Summary Judgment.

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IT IS SO ORDERED.
Dated:

September 10, 2019

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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