Williams v. Daszko et al

Filing 86

ORDER signed by Magistrate Judge Allison Claire on 11/28/2017 GRANTING defendant Mathis' 83 request to file under seal the documents designated Exhibits "B" through "H" to his anticipated declaration and DIRECTING the Clerk to file UNDER SEAL Exhibits "B" through "H" submitted in support of the Declaration of D. Mathis, M.D. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HILLIARD WILLIAMS, 12 13 14 15 No. 2:14-cv-1248 KJM AC P Plaintiff, v. ORDER JAROM A. DASZKO, et al., Defendants. 16 17 Plaintiff is a state prisoner represented by appointed counsel in this civil rights action 18 alleging deliberate indifference to plaintiff’s serious medical needs by defendant physicians 19 Mathis and Daszko. 20 On November 27, 2017, defendant Mathis filed a request to file portions of plaintiff’s 21 medical records under seal pursuant to Local Rule 141; the records have been submitted in 22 camera as attachments to defendant’s anticipated declaration in support of his motion for 23 summary judgment. See ECF No. 83. Defendant Mathis informs the court that all parties entered 24 into a joint stipulation earlier this year to protect the confidentiality of plaintiff’s medical records, 25 and has provided the court with a copy of the stipulation. 26 Although the parties are free to enter into such agreements without a court order, 27 plaintiff’s medical records are essential to address the merits of this action – in the parties’ 28 briefing, at oral argument, and in the court’s orders and findings and recommendations. While 1 the court will permit the parties to file plaintiff’s medical records under seal, thus protecting the 2 original documents from public view, the court will place no restrictions on subsequent references 3 to, or reliance on, plaintiff’s medical records in the parties’ briefing, at oral argument, or in the 4 court’s written references and analyses. 5 Subject to these limitations, IT IS HEREBY ORDERED that defendant Mathis’ request to 6 file under seal the documents designated Exhibits “B” through “H” to his anticipated declaration, 7 is GRANTED. The Clerk of Court is directed to file under seal Exhibits “B” through “H” 8 submitted in support of the Declaration of D. Mathis, M.D. The documents will be destroyed or 9 returned to defendant Mathis’ counsel at the close of this case. 10 IT IS SO ORDERED. 11 DATED: November 28, 2017 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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