Hernandez et al v. County of Monterey et al

Filing 802

ORDER RE 776 , 787 , 793 ADMISNISTRATIVE MOTIONS TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on 7/21/2023. (blflc1, COURT STAFF) (Filed on 7/21/2023)

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 1 of 18

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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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ORDER RE ADMISNISTRATIVE
MOTIONS TO FILE UNDER SEAL

v.

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United States District Court
Northern District of California

Case No. 13-cv-02354-BLF

COUNTY OF MONTEREY, et al.,

[Re: ECF 776, 787, 793]

Defendants.

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Plaintiffs filed this suit to obtain relief from Defendants’ alleged failure to provide inmates

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at the Monterey County Jail (“Jail”) with adequate medical and mental health care, reasonable

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accommodations for disabilities, and protection from violence. See Compl., ECF 1. The Court

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thereafter approved the parties’ Settlement Agreement. See Order For Final Approval of

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Settlement, ECF 494. Plaintiffs have filed a motion to enforce both the Settlement Agreement and

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the Implementation Plan developed by Defendant County of Monterey (“County”) and Defendant

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Wellpath, Inc. (“Wellpath”),1 which is set for hearing on August 24, 2023 (“Enforcement

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Motion”). See Enforcement Mot., ECF 788.

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This order addresses three administrative motions to seal briefing and documents filed in

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connection with Plaintiffs’ Enforcement Motion. First, Plaintiffs have filed a motion to consider

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whether to seal in their entirety more than thirty reports prepared by court-appointed neutral

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Wellpath formerly was known California Forensic Medical Group, Inc.

United States District Court
Northern District of California

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 2 of 18

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monitors tasked with determining Defendants’ compliance with the Settlement Agreement and

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Implementation Plan (ECF 776). Plaintiffs filed this motion based on Defendants’ assertion that

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the neutral monitor reports should be sealed. Plaintiffs themselves oppose sealing the neutral

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monitor reports in their entirety. However, Plaintiffs and Defendants jointly agree to the sealing

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of limited portions of the neutral monitor reports and other documents filed in connection with

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Plaintiffs’ Enforcement Motion. The second motion before the Court is the parties’ joint motion

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to seal limited portions of Plaintiffs’ Enforcement Motion and supporting evidence, including

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neutral monitor reports, to protect personal identifying information of inmates and care providers,

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as well as certain individual custody and medical records (ECF 787). The third motion before the

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Court is the parties’ joint motion to seal limited portions of Plaintiffs’ reply evidence to protect

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personal identifying information of inmates and care providers, as well as certain individual

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custody and medical records (ECF 793).

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For the reasons discussed below, the motion to seal the neutral monitor reports in their

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entirety is DENIED. The parties’ joint sealing motions, seeking to seal limited portions of the

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neutral monitor reports and other documents filed in connection with Plaintiffs’ Enforcement

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Motion, are GRANTED.

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I.

LEGAL STANDARD
“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). Consequently, access to motions and their

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attachments that are “more than tangentially related to the merits of a case” may be sealed only

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upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC,

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809 F.3d 1092, 1101–02 (9th Cir. 2006). Filings that are only tangentially related to the merits

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may be sealed upon a lesser showing of “good cause.” Id. at 1097.

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In this district, all parties requesting sealing also must comply with Civil Local Rule 79-5.

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Under that rule, a party moving to seal a document in whole or in part must file a statement

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identifying the legitimate private or public interests that warrant sealing, the injury that will result

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if sealing is denied, and why a less restrictive alternative to sealing is not sufficient. Civ. L.R. 792

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 3 of 18

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5(c)(1). A supporting declaration shall be submitted if necessary. Civ. L.R. 79-5(c)(2). Finally,

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the moving party must submit “a proposed order that is narrowly tailored to seal only the sealable

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material[.]” Civ. L.R. 79-5(c)(3).

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United States District Court
Northern District of California

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II.

DISCUSSION
The sealing motions before the Court relate to Plaintiffs’ Enforcement Motion, in which

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Plaintiffs ask the Court to enforce the terms of the Settlement Agreement and Implementation Plan

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regarding Jail conditions. Because the requested enforcement goes to the heart of the relief sought

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in this lawsuit, the Court applies the compelling reasons standard for sealing rather than the good

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cause standard applicable to matters only tangentially related to the merits.

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A.

Motion to Consider Sealing of Neutral Monitor Reports (ECF 776)

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Plaintiffs have filed a motion to consider whether to seal, in their entirety, more than thirty

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reports prepared by court-appointed neutral monitors tasked with determining Defendants’

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compliance with the Settlement Agreement and Implementation Plan. Those reports, and other

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documents citing to the reports, are submitted by Plaintiffs as Exhibits 1-49, 53, and 59 to the

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Trapani Declaration and Exhibits 3-4 to the Swearingen Declaration. Plaintiffs have conditionally

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filed those documents under seal, and have conditionally redacted their Enforcement Motion to the

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extent it contains findings and quotations from the neutral monitor reports. In Plaintiffs’ view, the

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neutral monitor reports should not be sealed in their entirety. Plaintiffs filed the motion to

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consider sealing the neutral monitor reports because Defendants take the position that they are

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confidential and should be sealed in their entirety. Where the moving party requests sealing of

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materials that have been designated confidential by another party, the designating party has the

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burden to establish that the materials should be sealed. See Civ. L.R. 79-5(f).

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Defendant County has filed a response to Plaintiffs’ motion, asserting that the neutral

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monitor reports should be sealed in their entirety for three reasons. First, the County argues that

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the neutral monitor reports fall within the Protective Order issued in this case. The Protective

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Order provides a mechanism whereby parties to this action may designate documents produced in

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discovery as “confidential” under certain circumstances, such as when the documents contain

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proprietary information, security-sensitive information, confidential personal information, or
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information protected from disclosure under state or federal law. See Protective Order, ECF 401.

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The neutral monitor reports were not produced in discovery and therefore do not appear to fall

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within the scope of the Protective Order. The County has not shown that it ever designated the

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neutral monitor reports as “confidential” pursuant to the Protective Order. Even if the County had

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done so, this Court’s Civil Local Rules expressly provide that “[r]eference 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.” Civ. L.R. 7-5(c).

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United States District Court
Northern District of California

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Second, the County contends that the court-appointed neutral monitors understood that
their reports would be strictly confidential, and wanted the reports to be strictly confidential. The

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County submits the declarations of two neutral monitors, Bruce P. Barnett, M.D. and James D.

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Vess, Ph.D. See Barnett Decl., ECF 782-1; Vess Decl., ECF 782-2. Dr. Barnett states in his

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declaration that it was his understanding and intent that his reports would be confidential, and that

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understanding allowed him to be forthright in his statements. See Barnett Decl. ¶¶ 3-4. Dr. Vess

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makes identical statements in his declaration. See Vess Decl. ¶¶ 3-5. The County has not cited,

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and the Court has not discovered, any authority for the proposition that a court-appointed

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monitor’s desire for confidentiality constitutes a “compelling reason” for sealing. To the contrary,

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the Supreme Court has held that “a non-party’s reliance on a blanket protective order is

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unreasonable and is not a ‘compelling reason’ that rebuts the presumption of access.” Kamakana,

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447 F.3d at 1183.

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Moreover, Plaintiffs submit Dr. Barnett’s supplemental declaration, clarifying that Dr.

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Barnett’s confidentiality concerns regarding his monitor reports relate solely to patient descriptors,

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the names of health care staff, and the like. See Barnett Suppl. Decl. ¶¶ 2-4, ECF 786-1. Plaintiffs

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also submit the declarations of two other neutral monitors, Viviane G. Winthrop, D.D.S. and

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Kerry C. Hughes, M.D. See Winthrop Decl., ECF 786-2; Hughes Decl., ECF 786-3. Doctors

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Barnett, Winthrop, and Hughes all state that they are comfortable with their reports being filed on

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the public docket if the Court grants the parties’ joint sealing motions regarding personal

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identifying information of inmates and care providers, as well as certain individual custody and

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medical records. See Barnett Suppl. Decl. ¶ 4; Winthrop Decl. ¶¶ 3-4; Hughes Decl. ¶ 3-4. As
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Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 5 of 18

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discussed below, the Court will grant the parties’ joint sealing motions directed to limited portions

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of the neutral monitor reports and other documents. All but one of the 33 neutral monitor reports

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at issue was authored by Dr. Barnett, Dr. Winthrop, or Dr. Hughes.

United States District Court
Northern District of California

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Third, the County argues that sealing the neutral monitor reports to maintain their

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confidentiality will assure a free flow of information between the parties and the neutral monitors.

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The County points to declaration statements of Drs. Barnett and Vess indicating their belief that

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such information flow will be impaired to the detriment of the custody operations and quality of

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care at the Jail. See Barnett Decl. ¶ 5; Vess Decl. ¶ 6. As noted above, Dr. Barnett’s

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Supplemental Declaration clarifies that he is concerned only with personal information of inmates

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and care providers and that he does not object to the filing of his reports on the public docket with

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such information redacted. Based on the views of Dr. Barnett, Dr. Winthrop, and Dr. Hughes, the

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Court finds that filing of the neutral monitor reports on the public docket will not impair the free

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flow of information necessary for the neutral monitors to fulfil their responsibilities. As Plaintiffs

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point out, similar reports have been publicly filed in a number of other cases with minor

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redactions. See Plaintiffs’ Response at 3 (collecting cases), ECF 786.

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The motion to consider sealing the neutral monitor reports in their entirety is DENIED. As

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discussed below, the parties have filed joint motions to seal limited portions of the neutral monitor

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reports and other documents to protect the privacy interests of inmates and care providers, and

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those motions will be granted by the Court. The neutral monitor reports shall be filed on the

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public docket with only those limited redactions discussed and approved below.
Parties’ Joint Motions to Seal (ECF 787 and 793)

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B.

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The parties have filed two joint sealing motions. The first joint sealing motion (ECF 787)

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seeks partial sealing of Plaintiffs’ Enforcement Motion and supporting evidence, including the

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neutral monitor reports, specifically: the supporting Declaration of Cara E. Trapani (“Trapani

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Declaration”) and Exhibits 1-15, 18, 20-32, 34, 36, 38-45, 47, 49, 53 and 59 thereto; and the

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supporting Declaration of Van Swearingen (“Swearingen Declaration”) and Exhibits 3-5 thereto.

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The first joint motion also seeks to seal the entirety of Exhibits 50-52, 54-58 and 60 to the Trapani

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Declaration. The second joint motion (ECF 793) seeks partial sealing of the Reply Declaration of
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Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 6 of 18

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Cara E. Trapani (“Reply Trapani Declaration), and sealing of Exhibits 2-4 thereto in their entirety.

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The parties jointly request sealing of these materials on the grounds that they contain information

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falling into four categories: (1) Jail inmates’ names, dates of birth, and booking numbers, except

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that initials will be used to identify deceased class members; (2) the names and email addresses of

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health care staff employed by Wellpath, who are directly involved in providing or supervising

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patient care at the Jail; (3) all other personal contact information, including those of the court-

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appointed neutral monitors; and (4) medical and custody records pertaining to the recent deaths of

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three incarcerated people at the Jail, and records evaluating the circumstances of their deaths.

United States District Court
Northern District of California

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Numerous courts have found that individual privacy rights in personal identifying

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information and health records outweigh the presumption in favor of public access to court

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records. See, e.g., Alegre v. United States, No. 16-CV-2442-AJB-KSC, 2021 WL 4934982, at *3

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(S.D. Cal. July 29, 2021) (sealing “private and sensitive information, including names, dates of

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birth, and addresses”); Ortiz v. City & Cnty. of San Francisco, No. 18-CV-07727-HSG, 2020 WL

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2793615, at *9 (N.D. Cal. May 29, 2020) (“The Court agrees that health records properly meet the

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compelling reasons standard.”); McArdle v. AT&T Mobility LLC, No. 09-CV-1117 CW, 2018 WL

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6803743, at *6 (N.D. Cal. Aug. 13, 2018) (sealing “documents containing sensitive personal

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information”); Hedrick v. Grant, No. 2:76-cv-0162-GEB-EFB P, 2017 WL 550044, at *2 (E.D.

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Cal. Feb. 10, 2017) (“Any interest the public may have in the disclosure of the sensitive and

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private information contained in the declarations and exhibits is outweighed by class members’

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interests in the privacy of their medical and psychiatric records.”).

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The Court finds that the joint sealing motions are narrowly tailored protect these privacy

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rights while preserving public access to the majority of the documents at issue. The parties seek

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limited redactions to Plaintiffs’ Enforcement Motion, supporting declarations, and documents

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attached thereto, including neutral monitor reports. With respect to deceased class members, the

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parties propose using the individuals’ initials instead of redacting their names as a whole, because

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initials of deceased class members are available in publicly filed documents. The only documents

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the parties seek to seal in their entirety are certain medical and custody records of deceased class

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members, in which the sealable information cannot reasonably be protected by redactions.
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Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 7 of 18

The Court finds that the parties have demonstrated compelling reasons for sealing the

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III.

ORDER
(1)

Plaintiffs’ motion to consider whether to seal the neutral monitor reports in their

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entirety (ECF 776) is DENIED. The neutral monitor reports, and documents citing or referring to

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those reports, shall be filed on the public docket with only those limited redactions proposed in the

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parties’ joint motions and approved by the Court herein.

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United States District Court
Northern District of California

materials identified in their joint motions (ECF 787 and 793), which are GRANTED.

(2)

The parties’ joint motions to file under seal (ECF 787 and 793) portions of

Plaintiffs’ Enforcement motion and supporting evidence, including the neutral monitor reports, are

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GRANTED. The portions of documents and documents identified in the charts at the end of this

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order shall be sealed to protect individual privacy rights in personal identifying information and

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health records.

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(3)

Plaintiffs shall refile their Enforcement Motion, Reply, and supporting evidence on

the public docket by July 28, 2023, with only the redactions and sealing permitted by this order.
(4)

This order terminates ECF 776, 787, and 793.

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Dated: July 21, 2023
______________________________________
BETH LABSON FREEMAN
United States District Judge

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Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 8 of 18

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United States District Court
Northern District of California

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Plaintiffs’ Enforcement Motion and Declarations
Dkt.
Document
Portion(s) to
Reason(s) for Sealing
No.
Seal
N/A Plaintiffs’ Motion to Highlighted
Contains information identifying
Enforce the
portions at 5:14- class members and confidential
20; 6:3-27;
Settlement
medical information from
10:25-28; 11:4- documents produced pursuant to
Agreement and
5; 12:9-16.
Wellpath
the Protective Order. See ¶ 3,
Implementation
supra. Public disclosure would
Plan (“Enforcement
cause harm. See id. Plaintiffs
Motion”)
propose that initials should be
used instead of names for
deceased individuals. See id.
N/A Declaration of Cara Highlighted
Contains information identifying
E. Trapani in
portions at 7:3;
class members and direct
8:4; 9:4-17;
Support of
quotations from medical records
10:24-27; 12:12- produced pursuant to the
Plaintiffs’
15; 14:7-9; 15:5- Protective Order. See id. Public
Enforcement
17; 24:15-25;
Motion (“Trapani
disclosure would cause harm. See
28:23-26; 29:2- id. Plaintiffs propose that initials
Declaration”)
6; 32:8; 34:9;
should be used instead of names
38:10-27; 39:2; for deceased individuals. See id.
61:4-26; 62:325; 63:4-26;
64:1-27; 65:227; 66:5-26;
67:3.
N/A Declaration of Van Highlighted
Contains deceased class
Swearingen in
portions at 3:13- member’s name. See id. Public
Support of Plaintiffs’ 19.
disclosure would cause harm. See
Enforcement Motion
id. Plaintiffs propose that initials
(“Swearingen
should be used instead of names
Declaration”)
for deceased individuals. See id.

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Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 9 of 18

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Exhibits to Trapani Declaration

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Exh.
No.
1

Document
1st Medical Report

Highlighted
portions at exhibit
pages 4, 8, 12.

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2nd Medical Report

Highlighted
portions at exhibit
pages 3, 7, 15-19.

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3rd Medical Report

Highlighted
portions at exhibit
pages 8, 13.

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4th Medical Report

Highlighted
portions at exhibit
pages 2, 7, 11-13.

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5th Medical Report

Highlighted
portions at exhibit
pages 3, 9-12, 14.

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6th Medical Report

Highlighted
portions at exhibit
pages 3, 11-12, 1418, 21.

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7th Medical Report

Highlighted
portions at exhibit
pages 8-12, 14-16,
18-21.

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Portion(s) to Seal

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United States District Court
Northern District of California

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Reason(s) for Sealing
Contains information
identifying class members and
providers of patient care. See
¶ 3, supra. Public disclosure
would cause harm. See id.
Contains information
identifying class members and
providers of patient care. See
id. Public disclosure would
cause harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Public
disclosure would cause harm.
See id.
Contains information
identifying class members and
providers of patient care. See
¶ 3, supra. Public disclosure
would cause harm. See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Public
disclosure would cause harm.
See id.
Contains information
identifying class members and
providers of patient care. See
id. Public disclosure would
cause harm. See id.

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 10 of 18

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Exhibits to Trapani Declaration

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3
4

Exh.
No.
8

Document
8th Medical Report

Highlighted
portions at exhibit
pages 5-6.

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9th Medical Report

Highlighted
portions at exhibit
pages 6-9, 13-22.

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10th Medical
Report

Highlighted
portions at exhibit
pages 6-9, 12-16.

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11th Medical
Report

Highlighted
portions at exhibit
pages 5-9, 13-16.

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12th Medical
Report

Highlighted
portions at exhibit
pages 4-6, 12-13,
15.

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13th Medical
Report

Highlighted
portions at exhibit
pages 4-8, 13-19.

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1st Medical
Mentoring Report

Highlighted
portions at exhibit
pages 3-6.

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2nd Medical
Mentoring Report

Highlighted
portions at exhibit
pages 1-5.

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Portion(s) to Seal

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United States District Court
Northern District of California

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Reason(s) for Sealing
Contains information
identifying class members.
See ¶ 3, supra. Public
disclosure would cause harm.
See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Public
disclosure would cause harm.
See id.
Contains information
identifying class members and
providers of patient care. See
id. Public disclosure would
cause harm. See id.
Contains information
identifying class members and
providers of patient care. See
id. Public disclosure would
cause harm. See id.
Contains information
identifying class members.
See ¶ 3, supra. Public
disclosure would cause harm.
See id.
Contains information
identifying class members.
See id. Public disclosure
would cause harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying class members and
providers of patient care. See

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 11 of 18

Exhibits to Trapani Declaration

1
2

Exh.
No.

Document

3
4
5

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1st Mental Health
Report

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2nd Mental Health
Report

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2nd Mental Health
Records Reviews

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3rd Mental Health
Report

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3rd Mental Health
Records Reviews

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4th Mental Health
Report

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United States District Court
Northern District of California

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Portion(s) to Seal

Reason(s) for Sealing

¶¶ 3-4, supra. Contains
personal phone numbers. See
¶ 5. Public disclosure would
cause harm. See ¶¶ 3-5.
Highlighted
Contains personal phone
portions at exhibit
numbers. See ¶ 3, supra.
pages 10, 23.
Public disclosure would cause
harm. See id.
Highlighted
Contains information
portions at exhibit
identifying class members and
pages 12, 30.
providers of patient care. See
¶¶ 3-4, supra. Contains
personal phone numbers. See
¶ 5. Public disclosure would
cause harm. See ¶¶ 3-5.
Highlighted
Contains information
portions at exhibit
identifying class members and
pages 1-6, 9-14, 17- providers of patient care. See
22, 25-26, 30-33,
¶¶ 3-4, supra. Public
36-40, 43-46, 48-50 disclosure would cause harm.
See id.
Highlighted
Contains information
portions at exhibit
identifying class members and
pages 11, 28.
providers of patient care. See
¶¶ 3-4, supra. Contains
personal phone numbers. See
¶ 5. Public disclosure would
cause harm. See ¶¶ 3-5.
Highlighted portions Contains information
at exhibit pages 1, 3- identifying providers of
4, 7, 10,
patient care. See ¶ 4, supra.
Public disclosure would cause
12, 15, 16-17.
harm. See id.
Highlighted
Contains information
portions at exhibit
identifying providers of
pages 12, 30.
patient care. See ¶ 4, supra.
Contains personal phone
numbers. See ¶ 5. Public

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Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 12 of 18

Exhibits to Trapani Declaration

1
2

Exh.
No.

Document

Portion(s) to Seal

3
4

25

4th Mental Health
Records Reviews

Highlighted
portions at exhibit
pages 4, 7, 19, 22,
31.

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5th Mental Health
Report

Highlighted
portions at exhibit
pages 15, 37.

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5th Mental Health
Records Reviews

Highlighted
portions at exhibit
pages 3-11.

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6th Mental Health
Report

Highlighted
portions at exhibit
pages 15, 39.

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6th Mental Health
Records Reviews

Highlighted
portions at exhibit
page 11.

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7th Mental Health
Report

Highlighted
portions at exhibit
pages 21, 50.

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Northern District of California

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Reason(s) for Sealing
disclosure would cause harm.
See ¶¶ 4-5.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Contains personal phone
numbers. See ¶ 5. Public
disclosure would cause harm.
See ¶¶ 4-5.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Contains personal phone
numbers. See ¶ 5. Public
disclosure would cause harm.
See ¶¶ 4-5.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Contains personal phone
numbers. See ¶ 5. Public
disclosure would cause harm.
See ¶¶ 4-5.

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 13 of 18

Exhibits to Trapani Declaration

1
2
3

Exh.
No.
31

4

Document
7th Mental Health
Records Reviews

5
6

Portion(s) to Seal

Reason(s) for Sealing

Highlighted
portions at exhibit
pages 2-4, 9, 12-14,
16-17, 19-21, 26,
28.
Highlighted
portions at exhibit
pages 23, 48.

Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Contains personal phone
numbers. See ¶ 5. Public
disclosure would cause harm.
See ¶¶ 4-5.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Contains information
identifying providers of
patient care. See id. Public
disclosure would cause harm.
See id.
Contains information
identifying providers of
patient care. See id. Public
disclosure would cause harm.
See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Contains
personal contact information.
See ¶ 5. Public disclosure
would cause harm. See ¶¶ 35.
Contains information
identifying providers of
patient care. See ¶ 4, supra.

32

8th Mental Health
Report

34

9th Mental Health
Report

Highlighted
portions at exhibit
page 1, 21.

36

Mental Health CAP

Highlighted
portions at exhibit
pages 1, 6-9.

38

1st Dental Report

39

2nd Dental Report

40

3rd Dental Report

Highlighted
portions at exhibit
pages 7-14, 16-19,
23-32, 34, 38, 40,
44-47, 57, 61.
Highlighted
portions at exhibit
pages 7-8, 10-12,
15-19, 21, 23, 25,
29, 33-34, 37-44,
53, 72, 74, 79-81,
84-85, 87, 91-98,
126.
Highlighted
portions at exhibit
pages 5-12, 15-16,

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

13

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 14 of 18

Exhibits to Trapani Declaration

1
2

Exh.
No.

Document

3
4

41

4th Dental Report

42

5th Dental Report

43

6th Dental Report

44

7th Dental Report

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

Portion(s) to Seal

Reason(s) for Sealing

19, 21, 27, 29-31,
34-37, 43.
Highlighted portions
at exhibit pages 7-8,
15, 2325, 29, 33, 34, 38,
46, 49, 64, 70, 72,
76.
Highlighted portions
at exhibit pages 810, 13-16,
25, 47, 53, 55-56,
58-59, 61-78, 8198, 105-106, 108,
110, 113, 118, 120122, 124-126, 127,
130-132, 137, 140143, 148-156.
Highlighted portions
at exhibit pages 10,
12, 1417, 19-22, 27-28,
32, 47, 60-62, 64,
66-76, 80-81, 8791, 94, 110-125,
129-134, 136-147,
149, 151, 153, 159,
167, 173-175, 177,
179, 181, 186-192,
194-200, 202-205,
218.
Highlighted portions
at exhibit pages at 56, 9, 11,
13-14, 16, 18, 2122, 24-28, 31, 3337, 39-44, 46, 56,
58, 63, 65, 74-79,
83-86, 88-98, 105-

Public disclosure would cause
harm. See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Public
disclosure would cause harm.
See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Public
disclosure would cause harm.
See id.

28
14

Contains information
identifying class members and
providers of patient care. See
id. Contains personal contact
information. See ¶ 5. Public
disclosure would cause harm.
See ¶¶ 3-5.

Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Public
disclosure would cause harm.
See id.

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 15 of 18

Exhibits to Trapani Declaration

1
2

Exh.
No.

Document

3
4
5
6
7
8
9

8th Dental Report

47

9th Dental Report

49

Dental Corrective
Action Plan (CAP)

50

M.M. CorEMR File

Entire document.

51

M.M. Custody
Records

Entire document.

52

M.M.
Psychological
Autopsy

Entire document.

11

United States District Court
Northern District of California

108, 110, 125-140,
142-144, 146-158,
160-165, 167-168,
170, 172-173, 185186, 192, 194-197,
203-207, 209, 212,
216-217, 219-237,
239-240, 242, 244,
246-247, 259, 262275.
Highlighted
portions at exhibit
pages 4-5, 7-9, 12,
14-15, 18-21, 2432.
Highlighted
portions at exhibit
pages 4, 7, 9-17,
21, 23-27, 31, 3334.
Highlighted
portions at exhibit
pages 14-15.

45

10

12

Portion(s) to Seal

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

15

Reason(s) for Sealing

Contains information
identifying class members and
providers of patient care. See
id. Public disclosure would
cause harm. See id.
Contains information
identifying class members and
providers of patient care. See
id. Public disclosure would
cause harm. See id.
Contains information
identifying providers of
patient care. See ¶ 4, supra.
Public disclosure would cause
harm. See id.
Consists of a medical record.
See ¶ 6, supra. This Court
has previously authorized the
sealing of such documents.
See id.
Consists of custody records
for individual class member.
See id. This Court has
previously authorized the
sealing of documents such as
this. See id.
Consists of a record
evaluating the circumstances
of a death, which cannot

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 16 of 18

Exhibits to Trapani Declaration

1
2
3

Exh.
No.

Document

Portion(s) to Seal

4
5

53

Email from Bruce
Barnett, 1/19/23

Highlighted
portions at exhibit
pages 1-4.

54

D.S. NMC Records

Entire document.

55

D.S. CorEMR File

Entire document.

56

Oct. 2022 Special
Conditions List

Entire document.

57

D.S. Incident
Reports

Entire document.

58

D.S. Cell Photos

Entire document.

6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
16

Reason(s) for Sealing
realistically be anonymized.
See id. Public disclosure
would cause harm. See id.
Contains information
identifying class members and
providers of patient care. See
¶¶ 3-4, supra. Contains
personal phone numbers. See
¶ 5. Public disclosure would
cause harm. See ¶¶ 3-5.
Consists of a medical record.
See ¶ 6, supra. This Court
has previously authorized the
sealing of such documents.
See id.
Consists of a medical record.
See id. This Court has
previously authorized the
sealing of such documents.
See id.
Consist of a custody record
listing individual class
members and disabling
conditions, which cannot
realistically be anonymized.
See id. Public disclosure
would cause harm. See id.
Consists of custody records
for individual class member.
See id. This Court has
previously authorized the
sealing of documents such as
this. See id.
Contains security-sensitive
information (photos of
interior and exterior of cell).
See id. This Court has
previously authorized the

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 17 of 18

Exhibits to Trapani Declaration

1
2
3

Exh.
No.

Document

Portion(s) to Seal

4

59

D.S. Autopsy
Report

Highlighted
portions at exhibit
pages 1-10.

60

J.C. Suicide Safety
Gap Analysis

Entire document.

5
6
7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16

Reason(s) for Sealing
sealing of information such as
this. See id.
This autopsy report is a public
record under California law;
however, it was produced in
unredacted form. Redacted
portions contain both
security-sensitive information
and information identifying
class members and providers
of patient care. See ¶¶ 3-6,
supra. Public disclosure
would cause harm. See id.
Contains both securitysensitive information and
sensitive personal information
that cannot realistically be
redacted. See ¶ 6, supra.
This Court has previously
authorized the sealing of
documents such as this. See
id.

17

Exhibits to Swearingen Declaration

18
19
20
21
22

Exh.
No.
3

Document
Dr. Barnett Email

Portion(s) to Seal
Highlighted
portions at exhibit
page 1.

23
24
25
26
27
28
17

Reason(s) for Sealing
Contains information
identifying class members.
See ¶ 3, supra. Contains
personal phone numbers. See
id. ¶ 4. Public disclosure
would cause harm. See id.
¶¶ 3-4.

Case 5:13-cv-02354-BLF Document 802 Filed 07/21/23 Page 18 of 18

1

4

Dr. Winthrop Email

Highlighted
portions at exhibit
pages 1-3.

Contains information
identifying class members.
See ¶ 3, supra. Contains
personal phone numbers. See
id. ¶ 4. Public disclosure
would cause harm. See id.
¶¶ 3-4.

5

Email Sending
Medical Records

Highlighted
portions at exhibit
page 1.

Contains information
identifying class members.
See ¶ 3, supra. Public
disclosure would cause harm.
See id.

2
3
4
5
6
7
8
9
10

Reply Trapani Declaration

United States District Court
Northern District of California

11

Document

Portion(s) to Seal

Reason(s) for Sealing

12
13
14

Reply Declaration of Cara E.
Trapani In Support of
Plaintiffs’ Enforcement
Motion

Highlighted
portions at 2:5-22,
5:3-11

15
16
17

Exh.
No.
2

Document

Portion(s) to Seal

M.M. Mortality &
Morbidity Report
Part III

Entire document.

Contains sensitive personal
and medical information that
cannot realistically be
redacted. See id.

3

M.P.M. CorEMR
File

Entire document.

Consists of a medical record.
This Court has previously
authorized the sealing of such
documents. See id.

4

Excerpts of
Medical Monitor’s
draft Physician
Case Review Tool
Worksheet

Entire document.

Contains information
identifying class members and
providers of patient care, and
sensitive personal and medical
information that cannot
realistically be redacted.
Public disclosure would cause
harm. See id.

18
19
20
21
22
23
24

Contains information
identifying class members.
Public disclosure would cause
harm. See Second Joint
Administrative Motion to File
Under Seal at Section II.
Reason(s) for Sealing

25
26
27
28
18