Rheumatology Diagnostics Laboratory, Inc et al v. Blue Shield of California Life & Health Insurance Company

Filing 249

ORDER REGARDING ADMINISTRATIVE MOTION TO FILE UNDER SEAL MOTION FOR SUMMARY JUDGMENT AND EXHIBITS by Hon. William H. Orrick denying 215 Administrative Motion to File Under Seal. QDI shall file an amended sealing motion on or before March 3, 2015 narrowing its sealing requests, specifically identifying the documents or portions of documents it seeks to have sealed, and articulating specific facts demonstrating compelling reasons for sealing. (jmdS, COURT STAFF) (Filed on 2/24/2015)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 RHEUMATOLOGY DIAGNOSTICS LABORATORY, INC, et al., 8 Plaintiffs, 9 10 United States District Court Northern District of California 11 v. AETNA, INC., et al., Defendants. Case No. 12-cv-05847-WHO ORDER REGARDING ADMINISTRATIVE MOTION TO FILE UNDER SEAL MOTION FOR SUMMARY JUDGMENT AND EXHIBITS Re: Dkt. No. 215 12 On January 16, 2015, defendants Quest Diagnostics Incorporated and Quest Diagnostics 13 Clinical Laboratories Incorporated (collectively, “QDI”) filed an administrative motion to file 14 under seal dozens of portions of their motion for summary judgment, as well as several 15 declarations and exhibits submitted in support of the motion. Dkt. No. 215. 16 The motion is DENIED WITHOUT PREJUDICE. QDI’s sealing requests are overbroad. 17 For example, QDI seeks to seal the entirety of the declarations of Robert Moverley and Gary 18 McCabe and all exhibits attached to these exhibits. A party seeking to seal material related to a 19 dispositive motion must “articulate compelling reasons supported by specific factual findings,” 20 identifying the particular interests favoring secrecy and showing how those interests outweigh the 21 “strong presumption” favoring disclosure. Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 22 1178-81 (9th Cir. 2006). In general, compelling reasons sufficient to justify sealing exist when the 23 24 materials may “become a vehicle for improper purposes, such as . . . to gratify private spite, promote public scandal, . . . or release trade secrets.” Id. at 1179. But “[t]he mere fact that the 25 production of records may lead to a litigant’s embarrassment, incrimination, or exposure to further 26 litigation will not, without more, compel the court to seal its records.” Id. QDI has not articulated 27 specific facts demonstrating compelling reasons for sealing the entirety of each of the items it 28 1 2 seeks to file under seal. Accordingly, QDI’s sealing motion, Dkt. No. 215, is DENIED WITHOUT PREJUDICE. 3 QDI shall file an amended sealing motion on or before March 3, 2015 narrowing its sealing 4 requests, specifically identifying the documents or portions of documents it seeks to have sealed, 5 and articulating specific facts demonstrating compelling reasons for sealing. 6 7 8 9 IT IS SO ORDERED. Dated: February 24, 2015 ______________________________________ WILLIAM H. ORRICK United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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