Chester v. King, et al.

Filing 55

ORDER Denying as Moot Plaintiff's Motion to Rescind Order Sealing Plaintiff's Medical Records; ORDER for Defendant Bradley Powers to File Copy of "Exhibit D to Anoush Holadays's Declaration" within Twenty Days signed by Magistrate Judge Gary S. Austin on 05/06/2020. (Flores, E)

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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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Defendants.

ORDER DENYING AS MOOT PLAINTIFF’S
MOTION TO RESCIND ORDER SEALING
PLAINTIFF’S MEDICAL RECORDS
(ECF No. 52.)

AUDREY KING, et al.,

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1:16-cv-01257-DAD-GSA-PC

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I.

ORDER FOR DEFENDANT BRADLEY
POWERS TO FILE COPY OF “EXHIBIT D
TO ANOUSH HOLADAY’S DECLARATION”
WITHIN TWENTY DAYS
(See ECF No. 36-7.)

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, 2016, 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) (“Defendants”) for failing to

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provide adequate medical care to Plaintiff in violation of the Fourteenth Amendment. (ECF No.

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10.) This case is in the discovery phase.

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On October 28, 2019, Plaintiff filed under seal objections to defendant Bradley Powers’s

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proposed order to seal Plaintiff’s medical records. (ECF No. 52.) Plaintiff states in the objection

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that if the order sealing Plaintiff’s medical records has already been signed he requests the court
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to rescind the order. (Id. at 1:25-26.) On September 10, 2019, the court issued an order granting

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defendant Bradley Powers’s in camera request to file Plaintiff’s medical records under seal.

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(ECF No. 45.) Because the order has been signed the court treats Plaintiff’s objections as a

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motion to rescind the court’s order.
No opposition to Plaintiff’s motion has been filed.

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II.

PLAINTIFF’S MOTION

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Plaintiff requests the court to rescind its order issued on September 10, 2019, which

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directed the Clerk of Court to file exhibits, consisting of Plaintiff’s medical records, under seal,

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based on a stipulation and protective order submitted to the court by all of the Defendants

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regarding disclosure of confidential health information and personal information. Plaintiff

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argues that his medical records should not be unavailable as evidence in this case. He contends

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that control of the confidentiality of his medical records belongs to him, not the State, and he has

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expressly waived confidentiality in order to admit these records as evidence in this case.

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III.

DISCUSSION

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Plaintiff’s motion to rescind the court’s order is moot because the medical records at issue

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are no longer retained by the court in any format. Nevertheless, the medical records remain

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available as evidence in this case because all of the parties have gained access to Plaintiff’s

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medical records through the discovery process.

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confidentiality of his medical records has merit, and Plaintiff is not precluded from waiving the

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confidentiality of his own records.

Plaintiff’s argument that he controls the

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However, in light of the fact that the court requires a copy of “Exhibit D to the Declaration

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of Anoush Holaday” (ECF No. 36-7), and Plaintiff has waived the confidentiality of his medical

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records, the court shall direct defendant Bradley Powers to file a copy of “Exhibit D” with the

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court within twenty days.

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IV.

CONCLUSION

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Based on the foregoing, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s motion to rescind the court’s order issued on September 10, 2019, is
DENIED as moot; and
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2.

Defendant Bradley Powers shall file a copy of “Exhibit D to the Declaration of

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Anoush Holaday” (ECF No. 36-7), with the court within twenty days of the date

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of service of this order.

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IT IS SO ORDERED.
Dated:

May 6, 2020

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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