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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1 2 3 4 5 6 7 8 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: (650) 363-4746; (650) 363-1965 Facsimile: (650) 363-4034 E-mail: cwoodward@co.sanmateo.ca.us E-mail: glevy@co.sanmateo.ca.us 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 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 12 OMARR L. BURNETT, 13 Plaintiff, 14 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. 15 DEPUTY FRAYNE, et al., 16 Defendants. 17 ORDER 18 Defendants Deputy Sheriff Timothy R. Frayne, former Deputy Sheriff Ryan Adler, Deputy 19 Sheriff Chad R. Buck, and Sheriff’s Correctional Officer Catherine R. Bow (collectively, the “County 20 Defendants”) have moved for an administrative order sealing pages BURNETT-CH 1 through 21 BURNETT-CH 197 (“Plaintiff’s Correctional Health Medical Record”) included in Exhibit 1 of the 22 Declaration of Susan Kole in Support of Defendants’ Motion for Summary Judgment or in the 23 Alternative Summary Adjudication (the “Kole Decl.”), as well as the following portions of the Kole 24 Decl.: Paragraph 4; Paragraph 10 at 4:14-24; Paragraph 11 at 4:27-5:3; Paragraph 12 at 5:5-9; and 25 Paragraph 13 at 5:11-14. The County Defendants also ask that the order seal portions of future 26 documents filed with the Court which discuss specific medical information from Plaintiff’s Correctional 27 Health Medical Record. 28 Case No. 09‐04693 SBA (PR) [PROPOSED] ADMINISTRATIVE ORDER SEALING PLAINTIFF’S CORRECTIONAL HEALTH MEDICAL RECORD 1 Here, the information sought to be sealed is protected from disclosure without permission as 2 personal health information under California and Federal law. See, e.g., 42 U.S.C. § 1320d-2 (Health 3 Insurance Portability and Accountability Act); Cal. Civ. Code § 56 et seq. (Confidentiality of Medical 4 Information Act). When such information is filed, the Court must balance the public interest in access to 5 the information against the need to protect the information from disclosure. See San Ramon Regional 6 Medical Center, Inc. v. Principal Life Ins. Co., 2011 WL 89931, at *1 n.1. “In view of these 7 considerations, the Court finds that the need to protect [Plaintiff’s] confidential medical information 8 outweighs any necessity for disclosure.” Id. 9 Accordingly, the County Defendants’ administrative motion to seal is GRANTED. The 10 following items are ordered sealed pursuant to Local Rule 79-5(c) and shall be filed under seal pursuant 11 to that rule: 12 • Kole Decl., Paragraph 4; 13 • Kole Decl., Paragraph 10 at 4:14-24; 14 • Kole Decl., Paragraph 11 at 4:27-5:3; 15 • Kole Decl., Paragraph 12 at 5:5-9; 16 • Kole Decl., Paragraph 13 at 5:11-14; 17 • Kole Decl., Exhibit 1, pages BURNETT-CH 1 through BURNETT-CH 197; and 18 • Any portion of a document filed in the future in this case that discusses specific medical 19 information contained in Plaintiff’s Correctional Health Medical Record. 20 21 IT IS SO ORDERED. 22 Dated: ___5/6/11 23 _______________________________________ SAUNDRA B. ARMSTRONG United States District Judge 24 25 26 27 28 Case No. 09‐04693 SBA (PR) 2 [PROPOSED] ADMINISTRATIVE ORDER SEALING PLAINTIFF’S CORRECTIONAL HEALTH MEDICAL RECORD

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