Mullen v. Foulk et al

Filing 22

ORDER by Judge Ronald M. Whyte Granting 17 Administrative Motion to File Under Seal. (jg, COURT STAFF) (Filed on 10/5/2010)

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Mullen v. Foulk et al Doc. 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR. Attorney General of California SUSAN M. CARSON Supervising Deputy Attorney General JENNIFER C. ADDAMS Deputy Attorney General State Bar No. 209355 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 Telephone: (415) 703-5382 Fax: (415) 703-5480 E-mail: Jennifer.Addams@doj.ca.gov Attorneys for Defendants *E-FILED - 10/5/10* IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BARTOLO MULLEN, C09-6081 RMW(PR) Plaintiff, [] ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL v. ED FOULK, EXECUTIVE DIRECTOR OF NAPA STATE HOSPITAL, et al., Courtroom: 6 Judge The Honorable Ronald M. Defendants. Whyte Action Filed: May 11, 2010 Defendants Ed Foulk, Cynthia Radavsky and Gerald Marshall (Defendants) filed an administrative motion to file the following documents under seal pursuant to Civil Local Rules 711 and 79-5: 1. Defendants' Notice of Motion and Motion for Summary Judgment; Memorandum of Points and Authorities in Support Thereof 2. Declaration of Cynthia Radavsky in Support of Defendants' Motion for Summary Judgment 3. Declaration of Patricia Tyler, M.D. in Support of Defendants' Motion for Summary Judgment 1 [] Order Granting Defendants' Administrative Motion to File Under Seal (C09-6081 RMW(PR)) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4. Declaration of Gerald Marshall in Support of Defendants' Motion for Summary Judgment The Court finds that each of the above-listed documents contains information relating to plaintiff's treatment at Napa State Hospital, and that such information cannot reasonably be redacted from any of the above-listed documents. The Court concludes that such information is plaintiff's confidential and protected information; that Defendants may disclose such information to the Court and to plaintiff for the purposes of defending themselves against plaintiff's allegations in this action; and that plaintiff's privacy interest in such information outweighs any interest in allowing the disclosure of such information to the general public. See 45 C.F.R. 160.101 et seq. & 164.102 et seq.; Cal. Welf. & Inst. Code 5328. Accordingly, the Court hereby orders that the above-listed documents shall be sealed pursuant to Civil Local Rule 79-5. IT IS SO ORDERED. 10/4/10 Dated: ___________________________ __________________________ The Honorable Ronald M. Whyte SF2010200940 20339275.doc 2 [] Order Granting Defendants' Administrative Motion to File Under Seal (C09-6081 RMW(PR))

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