Chappell v. Perez et al

Filing 64

ORDER signed by Magistrate Judge Kendall J. Newman on 05/29/12 ordering defendants' request to seal documents is temporarily granted. Defendants' undisputed statements of facts and defendants' exhibit B (declaration of Harold F. Tate, M.D. with attachments) are sealed; the court, the parties, and their agents and attorneys of record shall have access to those document. Plaintiff is granted 14 days from the date of this order to file a short brief clarifying whether he is waiving any opposition to the disclosure of these records. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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REX CHAPPELL,

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Plaintiff,

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vs.

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No. 2: 09-cv-1465 GEB KJN P

T. PEREZ, et al.,

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Defendants.

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ORDER
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Defendants have requested that documents filed in support of their summary

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judgment motion be sealed. In particular, defendants request that the court seal their statement of

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undisputed facts and the declaration of Dr. Tate, with attachments. These documents contain

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information regarding plaintiff’s mental health. Defendants state that plaintiff was served with

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copies of the documents to be sealed.

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The Ninth Circuit has recognized a strong presumption of public access to judicial

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records applicable to documents attached to dispositive motions. See Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). There must be “compelling reasons”

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to justify the sealing of documents attached to dispositive motions. Id. at 1180. “That is, the

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party must ‘articulate [ ] compelling reasons supported by specific factual findings,’ that

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outweigh the general history of access and the public policies favoring disclosure, such as the
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public interest in understanding the judicial process.” Id. (internal citations omitted). The need

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to protect medical privacy qualifies as a “compelling reason.” See G. v. Hawaii, 2010 WL

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2607483, at *1 (D. Haw. June 25, 2010); Lombardi v. TriWest Healthcare Alliance Corp., 2009

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WL 1212170, at *1 (D.Ariz. May 4, 2009) (allowing defendant to file under seal exhibits

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containing “sensitive personal and medical information” (citing Kamakana, 447 F.3d at 1179)).

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On May 11, 2011, plaintiff filed an opposition to defendants’ request to seal his

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mental health records. In his opposition, plaintiff clearly objects to the relevancy of the

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documents defendants move to seal. The court will address this issue when it rules on

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defendants’ summary judgment motion. It is not clear whether plaintiff is also objecting to the

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motion to seal, i.e., whether plaintiff is waiving any opposition to the disclosure of his mental

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health records. For this reason, and good cause appearing, defendants’ motion to seal is

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temporarily granted. Plaintiff is granted fourteen days from the date of this order to file a short

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brief clarifying whether he is waiving any opposition to the disclosure of the records defendants

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move to seal. If plaintiff joins in the request to have his mental health records sealed, the motion

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to seal will be permanent subject to further order of the court. If plaintiff waives any opposition

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to his records being sealed, the court will order plaintiff’s records unsealed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Defendants’ request to seal documents is temporarily granted;

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2. Defendants’ undisputed statements of facts and defendants’ exhibit B

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(declaration of Harold F. Tate, M.D., with attachments) are sealed; the court, the parties, and

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their agents and attorneys of record shall have access to those documents;

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3. Plaintiff is granted fourteen days from the date of this order to file a short brief

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clarifying whether he is waiving any opposition to the disclosure of these records.

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DATED: May 29, 2012
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KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ch1465.ord

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