In Re Pacific Fertility Center Litigation

Filing 171

ORDER by Magistrate Judge Jacqueline Scott Corley denying 51 Administrative Motion to File Under Seal; granting in part and denying in part 142 Administrative Motion to File Under Seal; granting in part and denying in part 158 Administrative Motion to File Under Seal; denying 164 Administrative Motion to File Under Seal; granting 168 Administrative Motion to File Under Seal. (ahm, COURT STAFF) (Filed on 3/4/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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R. E., et al.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No.18-cv-01586-JSC
ORDER RE: ADMINISTRATIVE
MOTIONS TO SEAL

v.
PACIFIC FERTILITY CENTER, et al.,

Re: Dkt. Nos. 51, 142, 158, 164, 168

Defendants.

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The parties have filed several administrative motions to seal in connection with briefing on

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the pending motion to compel arbitration and the filing of Plaintiffs’ First Amended Consolidated

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Class Action Complaint.

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First, Defendant Pacific Fertility Center filed an administrative motion to seal with its

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motion to compel arbitration wherein it seeks sealing of Plaintiffs’ informed consent forms. (Dkt.

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No. 51.) Defendant contends that sealing is warranted because the forms “contain Plaintiffs’

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personally identifiable information as well as other patient information regarding medical services

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rendered at PFC.” (Dkt. No. 51-1 at ¶ 3.) These consent forms, however, are critical to

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Defendant’s motion to compel arbitration and the request for sealing of the forms in their entirety

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is not narrowly tailored. See Civ. L.R. 79-5(b)(“the request must be narrowly tailored to seek

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sealing only of sealable material”). The motion to seal is therefore DENIED WITHOUT

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PREJUDICE to renewal seeking sealing only of the personally identifying information.

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Second, Plaintiffs filed an administrative motion to seal with the First Amended

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Consolidated Class Action Complaint wherein Plaintiffs seek sealing of two categories of

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information: (1) information designated as confidential by Defendants, and (2) information

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Plaintiffs designated as confidential to protect their identity. (Dkt. No. 142-1.) Plaintiffs’ request

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for sealing of their identifying information in Exhibits 3, 4, 5, 6, 7, 8, and 9 to the Declaration of

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Adam Polk is narrowly tailored the request to seal portions of those exhibits is GRANTED.

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However, Defendants have not filed a declaration in support of sealing the information which they

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designated as confidential under the parties’ Stipulated Protective Order as required by Civil Local

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Rule 79-5(e)(1). Accordingly, Plaintiffs’ request to file portions of the First Amended

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Consolidated Class Action Complaint under seal which reference information Defendants

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previously designated as confidential is DENIED WITHOUT PREJUDICE.

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Third, Defendant Pacific Fertility Center filed a supplemental administrative motion to seal
in connection with its supplemental brief in support of its motion to compel arbitration which

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seeks sealing of the signature lines of Plaintiffs’ arbitration agreement and the entire informed

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United States District Court
Northern District of California

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consent agreement because “they contain Plaintiffs’ personally identifiable information, as well as

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other patient information…and various treatment elections.” (Dkt. No. 158-1 at ¶ 3.) The request

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to seal the signature lines of Exhibits A and B to the Declaration of Aaron Schultz is GRANTED.

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However, as with Pacific Fertility Center’s prior administrative motion to seal, the request to seal

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the entire informed consent agreement is not narrowly tailored. Accordingly, the motion to filed

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Exhibit C under seal in its entirety DENIED WITHOUT PREJUDICE to renewal seeking sealing

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only of the personally identifying information.

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Fourth, Plaintiffs filed an administrative motion to seal with their supplemental opposition

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brief wherein they seek sealing of material designated as confidential either by Defendants or by

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non-party Extron. (Dkt. No. 164.) However, neither designating party has submitted a declaration

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in support of sealing as required by Civil Local Rule 79-5(e)(1). Accordingly, this administrative

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motion to seal is also DENIED WITHOUT PREJUDICE.

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Finally, Pacific Fertility MSO, LLC and Prelude Fertility, Inc., filed a motion to seal two

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lines of their reply brief and the accompanying Declaration of Alden Romney. (Dkt. No. 168.)

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The motion is supported by the Declaration of Susan Hertzberg who attests that the information

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for which sealing is sought is confidential and disclosure of it could harm Defendants’ business.

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(Dkt. No. 168-1.) The motion to seal is therefore GRANTED.

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Any renewed administrative motion to seal should be filed by Friday, March 8, 2019 in
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accordance with Civil Local Rule 79-5. To the extent that any party files a renewed motion, they

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shall electronically file both the redacted and unredacted versions of the documents for which

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sealing is sought. Chambers copies are only required of the administrative motion to seal,

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supporting declaration, and the unredacted (highlighted) version of the document sought to be

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sealed. The chambers copies must include the ECF header.

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This Order disposes of Docket Nos. 51, 142, 158, 164, 168.

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IT IS SO ORDERED.

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Dated: March 4, 2019

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JACQUELINE SCOTT CORLEY
United States Magistrate Judge

United States District Court
Northern District of California

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