Hansford v. Solano County Department of Health and Human Services

Filing 102

ORDER signed by Magistrate Judge Kendall J. Newman on 9/12/11: The parties stipulation and proposed order 96 is approved. The Clerk of Court is directed to seal and remove from the public docket document number 72- 3, which is contained in docket entry 72. If at some future time a party wishes to unseal all or a portion of document number 72-3, that party may file a request to unseal in accordance with the court's Local Rules. (Kaminski, H)

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1 2 3 4 5 6 Wendy E. Musell, State Bar No. 203507 Elisa J. Stewart, State Bar No. 219557 STEWART & MUSELL 351 California Street, Suite 700 San Francisco, CA 94104 Telephone: (415) 593-0083 Facsimile: (415) 520-0920 Attorneys for Plaintiff Nathan Hansford 7 8 9 10 11 Carolee Kilduff, State Bar No. 107232 Allison Goldsmith, State Bar No. 238263 ANGELO, KILDAY & KILDUFF 601 University Ave., Suite 150 Sacramento, CA 95825 Telephone: (916) 564-6100 Facsimile: (916) 564-6263 12 13 Attorneys for Defendant Solano County 14 UNITED STATES DISTRICT COURT 15 FOR THE EASTERN DISTRICT OF CALIFORNIA 16 17 NATHAN HANSFORD, Plaintiff, 18 19 20 21 22 v. SOLANO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES and DOES ONE THROUGH FIFTY, inclusive, 23 24 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 2:08 CV 02232 MCE KJN STIPULATION AND [PROPOSED] ORDER RE REMOVAL AND SEALING OF PLAINTIFF’S MEDICAL RECORDS FROM THE EASTERN DISTRICT COURT ONLINE FILING SYSTEM 25 26 27 Subject to the approval of the court, Plaintiff Nathan Hansford and Defendant sued herein as Solano County HEREBY STIPULATE AS FOLLOWS: 28 Nathan Hansford v. Solano County et al. 31 32 33 STIPULATION AND ORDER RE REMOVAL OF PLAINTIFF’S MEDICAL RECORDS FROM THE EASTERN DISTRICT ONLINE FILING SYSTEM Page 1 1 2 Medical records are afforded a constitutional right to privacy pursuant to California Constitution, Article 1 § 1. 3 Plaintiff’s medical records are currently filed, unsealed, as Exhibit L to Peter Halloran’s 4 Declaration is Support of Defendant’s Motion to Compel Documents Pursuant to Subpoena, in 5 the above referenced case, Docket No. 72-3, pgs. 8-29. These records contain various private 6 medical concerns as well as Plaintiff’s unredacted date of birth. 7 8 Given the private nature of these records, the parties have agreed that Exhibit L shall be removed from the online filing system and placed under seal. 9 10 IT IS SO STIPULATED. RESPECTFULLY SUBMITTED, 11 12 FOR THE DEFENDANT: 13 By: 14 15 Attorneys for Defendant SOLANO COUNTY 16 17 /s/ Peter Halloran _____________________ Peter Halloran ANGELO, KILDAY & KILDUFF FOR THE PLAINTIFF: 18 19 By: 20 21 /s/ Elisa J. Stewart _______________________ Elisa J. Stewart STEWART & MUSELL Attorneys for Plaintiff NATHAN HANSFORD 22 23 ORDER 24 The undersigned approves the parties’ stipulation regarding the sealing of certain 25 documents presently available on the court’s public docket. However, the undersigned notes that 26 the court cannot “split” Portable Document Format filings page-by-page. In light of the notice of 27 settlement filed in this matter and for the sake of efficiency, the undersigned directs the Clerk of 28 Nathan Hansford v. Solano County et al. 31 32 33 STIPULATION AND ORDER RE REMOVAL OF PLAINTIFF’S MEDICAL RECORDS FROM THE EASTERN DISTRICT ONLINE FILING SYSTEM Page 2 1 Court to seal the entire .pdf filing in which the “Exhibit L” referenced in the stipulation is 2 contained. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. The parties’ stipulation and proposed order (Dkt. No. 96) is approved. 5 2. The Clerk of Court is directed to seal and remove from the public docket 6 7 8 9 10 document number 72-3, which is contained in docket entry 72. 3. If at some future time a party wishes to unseal all or a portion of document number 72-3, that party may file a request to unseal in accordance with the court’s Local Rules. IT IS SO ORDERED. DATED: September 12, 2011 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Nathan Hansford v. Solano County et al. 31 32 33 STIPULATION AND ORDER RE REMOVAL OF PLAINTIFF’S MEDICAL RECORDS FROM THE EASTERN DISTRICT ONLINE FILING SYSTEM Page 3

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