Burnett v. Frayne et al

Filing 46

ORDER by Judge ARMSTRONG granting 44 Administrative Motion to File Under Seal (lrc, COURT STAFF) (Filed on 5/6/2011)

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JOHN C. BEIERS, COUNTY COUNSEL (SBN 144282)
By: Glenn M. Levy, Deputy (SBN 219029)
Hall of Justice and Records
400 County Center, 6th Floor
Redwood City, CA 94063
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendants
Deputy Sheriff TIMOTHY R. FRAYNE, former
Deputy Sheriff RYAN ADLER, Deputy Sheriff
CHAD R. BUCK, and Sheriff’s Correctional Officer
CATHERINE R. BOW

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OMARR L. BURNETT,

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Plaintiff,

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Case No. 09-04693 SBA (PR)
ADMINISTRATIVE ORDER SEALING
PLAINTIFF’S CORRECTIONAL HEALTH
MEDICAL RECORD AND ANY
PORTIONS OF DOCUMENTS
DISCUSSING SPECIFIC INFORMATION
FROM THAT MEDICAL RECORD

vs.

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DEPUTY FRAYNE, et al.,

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Defendants.

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ORDER
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Defendants Deputy Sheriff Timothy R. Frayne, former Deputy Sheriff Ryan Adler, Deputy
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Sheriff Chad R. Buck, and Sheriff’s Correctional Officer Catherine R. Bow (collectively, the “County
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Defendants”) have moved for an administrative order sealing pages BURNETT-CH 1 through
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BURNETT-CH 197 (“Plaintiff’s Correctional Health Medical Record”) included in Exhibit 1 of the
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Declaration of Susan Kole in Support of Defendants’ Motion for Summary Judgment or in the
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Alternative Summary Adjudication (the “Kole Decl.”), as well as the following portions of the Kole
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Decl.: Paragraph 4; Paragraph 10 at 4:14-24; Paragraph 11 at 4:27-5:3; Paragraph 12 at 5:5-9; and
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Paragraph 13 at 5:11-14. The County Defendants also ask that the order seal portions of future
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documents filed with the Court which discuss specific medical information from Plaintiff’s Correctional
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Health Medical Record.
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Case No. 09‐04693 SBA (PR)
[PROPOSED] ADMINISTRATIVE ORDER SEALING PLAINTIFF’S CORRECTIONAL HEALTH
MEDICAL RECORD

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Here, the information sought to be sealed is protected from disclosure without permission as

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personal health information under California and Federal law. See, e.g., 42 U.S.C. § 1320d-2 (Health

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Insurance Portability and Accountability Act); Cal. Civ. Code § 56 et seq. (Confidentiality of Medical

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Information Act). When such information is filed, the Court must balance the public interest in access to

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the information against the need to protect the information from disclosure. See San Ramon Regional

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Medical Center, Inc. v. Principal Life Ins. Co., 2011 WL 89931, at *1 n.1. “In view of these

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considerations, the Court finds that the need to protect [Plaintiff’s] confidential medical information

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outweighs any necessity for disclosure.” Id.

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Accordingly, the County Defendants’ administrative motion to seal is GRANTED. The

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following items are ordered sealed pursuant to Local Rule 79-5(c) and shall be filed under seal pursuant

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to that rule:

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Kole Decl., Paragraph 4;

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Kole Decl., Paragraph 10 at 4:14-24;

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Kole Decl., Paragraph 11 at 4:27-5:3;

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Kole Decl., Paragraph 12 at 5:5-9;

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Kole Decl., Paragraph 13 at 5:11-14;

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Kole Decl., Exhibit 1, pages BURNETT-CH 1 through BURNETT-CH 197; and

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Any portion of a document filed in the future in this case that discusses specific medical

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information contained in Plaintiff’s Correctional Health Medical Record.

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IT IS SO ORDERED.

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Dated: ___5/6/11

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_______________________________________
SAUNDRA B. ARMSTRONG
United States District Judge

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Case No. 09‐04693 SBA (PR)
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[PROPOSED] ADMINISTRATIVE ORDER SEALING PLAINTIFF’S CORRECTIONAL HEALTH
MEDICAL RECORD