Hernandez et al v. County of Monterey et al

Filing 604

ORDER GRANTING 600 PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on 7/26/2017.(blflc1S, COURT STAFF) (Filed on 7/26/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JESSE HERNANDEZ, ET AL.,
Plaintiffs,

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United States District Court
Northern District of California

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Case No. 13-cv-02354-BLF

v.
COUNTY OF MONTEREY, et al.,
Defendants.

ORDER GRANTING PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL
[Re: ECF 600]

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Plaintiffs have filed an administrative motion to seal documents submitted in support of

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their Motion to Enforce Settlement Agreement, which is set for hearing on September 20, 2017.

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The motion is GRANTED for the reasons set forth below.

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“Historically, courts have recognized a ‘general right to inspect and copy public records

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and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are

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“more than tangentially related to the merits of a case” may be sealed only upon a showing of

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“compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092,

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1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed

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upon a lesser showing of “good cause.” Id. at 1097. The Court concludes that the documents at

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issue here, which are filed in support of Plaintiffs’ Motion to Enforce Settlement Agreement, are

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more than tangentially related to the merits. Therefore, the “compelling reasons” standard applies.

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In addition to satisfying the “compelling reasons” test, sealing motions filed in this district

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must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(b). A party

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moving to seal a document in whole or in part must file a declaration establishing that the

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identified material is “sealable.” Civ. L.R. 79-5(d)(1)(A). “Reference to a stipulation or

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protective order that allows a party to designate certain documents as confidential is not sufficient

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to establish that a document, or portions thereof, are sealable.” Id.
Plaintiffs move to seal in their entirety Exhibits 2 through 30 to the Declaration of Pablo

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Stewart, M.D., in Support of Plaintiffs’ Motion to Enforce Settlement Agreement, and to seal in

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part Exhibits A through F to the Declaration of Ernest Galvan in support of Plaintiffs’ Motion to

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Enforce Settlement Agreement. Plaintiffs submit the Declaration of Van Swearingen in support of

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their sealing requests. See Swearingen Decl., ECF 600. Mr. Swearingen states that Exhibits 2

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through 30 to the Stewart Declaration consist of records that contain confidential personal medical

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information and security-sensitive information. Swearingen Decl. ¶ 4. Mr. Swearingen states that

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United States District Court
Northern District of California

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the proposed redactions to Exhibits A through F to the Galvan Declaration relate to confidential

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and personal information of class members and security-sensitive information. Id. ¶ 6. The Court

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has reviewed the documents and concludes that Mr. Swearingen’s characterization of the

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documents is accurate. Plaintiffs therefore have established compelling reasons for sealing and

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their request is narrowly tailored to seal only sealable material.

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Accordingly, Plaintiffs’ administrative sealing motion is GRANTED as to the following
documents:
(1)

Plaintiffs’ Motion to Enforce Settlement Agreement; and

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Exhibits 2 through 30 to the Declaration of Pablo Stewart, M.D., in Support of

(2)

Exhibits A through F to the Declaration of Ernest Galvan in support of Plaintiffs’
Motion to Enforce Settlement Agreement.

IT IS SO ORDERED.

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Dated: July 26, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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