Winkfield v. Childrens Hospital Oakland et al

Filing 14

Administrative Motion to File Under Seal filed by Childrens Hospital Oakland. (Attachments: # 1 Declaration of Counsel in Support of Administrative Motion to File Records Under Seal, # 2 Exhibit 1 (Unredacted) to Declaration of Counsel in Support of Administrative Motion to File Records Under Seal, # 3 Exhibit 2 (Unredacted) to Declaration of Counsel in Support of Administrative Motion to File Records Under Seal, # 4 Exhibit 3 (Redacted) to Declaration of Counsel in Support of Administrative Motion to File Records Under Seal, # 5 Proposed Order Granting Administrative Motion to File Records Under Seal)(Straus, Douglas) (Filed on 1/3/2014)

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Douglas C. Straus (Bar No. 96301)
[e-mail]
ARCHER NORRIS
2033 North Main Street, Suite 800
Walnut Creek, CA 94596-3759
Telephone:
925.930.6600
Facsimile:
925.930.6620
Attorneys for Defendant
CHILDREN’S HOSPITAL & RESEARCH
CENTER AT OAKLAND

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LATASHA WINKFIELD, as an
Individual, and as Guardian Ad Litem and
mother of Jahi McMath,

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Case No. 4:13-cv-05993-SBA
ADMINISTRATIVE MOTION TO FILE
RECORDS UNDER SEAL

Plaintiff,

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v.

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CHILDREN’S HOSPITAL & RESEARCH
CENTER AT OAKLAND; DR. DAVID
DURAND, and Does 1-100, inclusive,

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Defendants.

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I. INTRODUCTION
Plaintiff Latasha Winkfield is seeking declaratory relief and a temporary restraining order

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compelling Children’s Hospital & Research Center at Oakland (“Children’s Hospital”) to keep

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Plaintiff’s deceased daughter Jahi McMath on a ventilator for an indefinite period of time. A

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California State Court has already concluded, after three days of hearings and based on

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uncontroverted evidence, that Ms. McMath is, sadly, deceased. As a part of the ongoing litigation

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between the parties, medical information of Ms. McMath is required to be disclosed.

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II. ACTION REQUESTED AND REASONS IN SUPPORT OF REQUEST

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Children’s Hospital seeks to file under seal, a reporter’s transcript of in camera

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proceedings before the California Superior Court for the County of Alameda, as well as certain
C0413001/1726741-1

ADMINISTRATIVE MOTION TO FILE
RECORDS UNDER SEAL
CASE NO. 4:13-CV-05993-SBA

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exhibits received in evidence during those in camera proceedings. Portions of the transcript of

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proceedings and exhibits were ordered sealed by the State Superior Court pursuant to California

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Rule of Court 2.550, et seq. Therefore, Children’s Hospital seeks to file the confidential portions

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of the transcript and confidential exhibits under seal to protect them from public disclosure. The

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reporter’s transcript of the State court proceedings and exhibits are material to the matters in

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dispute before this court.

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This motion is supported by the Declaration of counsel establishing that portions of the

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transcript are sealable, a proposed order sealing said records, a redacted and unredacted version of

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the records to be sealed.

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III. CONCLUSION
For the foregoing reasons, Children’s Hospital respectfully requests that its Administrative

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Motion to File Records Under Seal be GRANTED.

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Dated: January 3, 2014

ARCHER NORRIS

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/s/ Douglas C. Straus
Douglas C. Straus
Attorneys for Defendant
CHILDREN’S HOSPITAL & RESEARCH
CENTER AT OAKLAND

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C0413001/1726741-1

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ADMINISTRATIVE MOTION TO FILE
RECORDS UNDER SEAL
CASE NO. 4:13-CV-05993-SBA