Williams v. Daszko et al

Filing 88

ORDER signed by Magistrate Judge Allison Claire on 11/28/17 ORDERING that defendant Daszko's request to file under seal the documents designated Exhibits D, E, F, and H to the declaration of his counsel, Mr. Keven J. Dehoff, is GRANTED. The C lerk of Court is directed to file under seal Exhibits D, E, F, and H submitted in support of the Declaration of Attorney Keven J. Dehoff. The documents will be destroyed or returned to defendant Mathis' counsel at the close of this case.(Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HILLIARD WILLIAMS,

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No. 2:14-cv-1248 KJM AC P

Plaintiff,
v.

ORDER

JAROM A. DASZKO, et al.,
Defendants.

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Plaintiff, a state prisoner, proceeds with appointed counsel in this civil rights action

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alleging deliberate indifference to plaintiff’s serious medical needs by defendant physicians

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Mathis and Daszko.

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On November 28, 2017, defendant Daszko filed a request to file portions of plaintiff’s

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medical records under seal pursuant to Local Rule 141; the records have been submitted in

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camera as attachments to the anticipated declaration of Daszko’s counsel in support of

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defendant’s motion for summary judgment. See ECF No. 87. Defendant’s counsel informs the

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court that all parties entered into a joint stipulation earlier this year to protect the confidentiality

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of plaintiff’s medical records, and has provided the court with a copy of the stipulation.

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Although the parties are free to enter into such agreements without a court order,

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plaintiff’s medical records are essential to address the merits of this action – in the parties’

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briefing, at oral argument, and in the court’s orders and findings and recommendations. While

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the court will permit the parties to file plaintiff’s medical records under seal, thus protecting the

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original documents from public view, the court will place no restrictions on subsequent references

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to, or reliance on, plaintiff’s medical records in the parties’ briefing, at oral argument, or in the

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court’s written references and analyses.

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Subject to these limitations, IT IS HEREBY ORDERED that defendant Daszko’s request

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to file under seal the documents designated Exhibits “D,” “E,” “F,” and “H” to the declaration of

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his counsel, Mr. Keven J. Dehoff, is GRANTED. The Clerk of Court is directed to file under seal

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Exhibits “D,” “E,” “F,” and “H” submitted in support of the Declaration of Attorney Keven J.

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Dehoff. The documents will be destroyed or returned to defendant Mathis’ counsel at the close of

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this case.

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IT IS SO ORDERED.

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DATED: November 28, 2017

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