Hernandez et al v. County of Monterey et al

Filing 867

ORDER RE 862 , 863 ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL. Signed by Judge Beth Labson Freeman on 4/8/2024. (blflc1, COURT STAFF) (Filed on 4/8/2024)

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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

ORDER RE ADMINISTRATIVE
MOTIONS TO FILE UNDER SEAL

v.

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Case No. 13-cv-02354-BLF

COUNTY OF MONTEREY, et al.,

[Re: ECF 862, 863]

Defendants.

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This order addresses two administrative motions, both filed by Plaintiffs, addressing

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sealing with respect to the 11th Mental Health Report produced by Dr. James Vess on March 8,

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2024, and the 15th Medical Care Audit Report produced by Dr. Bruce Barnett on February 29,

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2024 (together, “the Neutral Monitor Reports”). The motions are addressed in turn as follows.
Plaintiffs’ Administrative Motion to Seal (ECF 862)

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(1)

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In Plaintiffs’ Administrative Motion to Seal (ECF 862), Plaintiffs move to seal limited

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portions of the Neutral Monitor Reports, specifically, material in those reports falling into the

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following three categories: (1) incarcerated people’s names, dates of birth/death, and booking

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numbers, except that initials will be used to identify deceased class members; (2) the names and

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email addresses of health care staff employed by Wellpath, who are directly involved in providing

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or supervising patient care at the Monterey County Jail; and (3) all other personal contact

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information, including those of the Court appointed neutral monitors. Defendants have not filed

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opposition to the sealing motion and their time to do so has elapsed.

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The Court must determine whether Plaintiff’s motion to seal should be evaluated under the

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“compelling reasons” standard applicable to documents that are “more than tangentially related to

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the merits of a case,” or under the lesser “good cause” standard. Ctr. for Auto Safety v. Chrysler

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Grp., LLC, 809 F.3d 1092, 1101-02, 1097 (9th Cir. 2006). The Court finds the compelling

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reasons standard to be applicable, because the reports prepared by neutral monitors in this case go

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to the heart of the relief sought – adequate medical and mental health care, reasonable

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accommodations for disabilities, and protection from violence at the Monterey County Jail.

United States District Court
Northern District of California

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The Court previously considered requests to seal neutral monitor reports in this case under

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the compelling reasons standard. See Order Re. Admin. Mots., ECF 802. The Court found that

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sealing the reports in their entirety was not warranted, but that there were compelling reasons to

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redact limited portions of the reports to protect certain personal identifying information and health

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records. See id. Under the same rationale, the Court finds that compelling reasons exist to redact

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limited portions of the recent Neutral Monitor Reports at issue in the present motion, and that

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Plaintiffs’ sealing request is narrowly tailored as required under this district’s Civil Local Rules.

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See Civ. L.R. 79-5(c).

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Plaintiffs’ Administrative Motion to Seal (ECF 862) is GRANTED with respect to the
limited portions of the Neutral Monitor Reports identified in the chart below.
(2)

Plaintiffs’ Administrative Motion to Consider Whether to File Under Seal Neutral
Monitor Reports (ECF 863)

Plaintiff’s Administrative Motion to Consider Whether to File Under Seal Neutral Monitor

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Reports (ECF 863) indicates that although Plaintiffs seek to seal only limited portions of the

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Neutral Monitor Reports as discussed above, Defendants may wish to seal the Neutral Monitor

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Reports in their entirety. Plaintiffs filed their second motion to trigger Defendants’ seven-day

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deadline to justify the sealing of the Neutral Monitor Reports in their entirety. Defendants have

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not filed a response and their deadline to do so has elapsed.

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Accordingly, Plaintiff’s Administrative Motion to Consider Whether to File Under Seal
Neutral Monitor Reports (ECF 863) is DENIED.

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ORDER

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(1)

Plaintiffs’ Administrative Motion to Seal (ECF 862) is GRANTED with respect to

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the limited portions of the Neutral Monitor Reports identified in the chart below.

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The redacted Neutral Monitor Reports SHALL be filed in separate docket entries

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so as to allow for public access. Chambers copies of the unredacted Neutral

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Monitor Reports SHALL be delivered to chambers.

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Information to Be Redacted and Filed Under Seal

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United States District Court
Northern District of California

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Document
Exhibit B to March 21, 2024
Notice of Filing Medical and
Mental Health Neutral Monitor
Reports - 11th Mental Health
Report

Portion(s) to Seal
Highlighted portions
at pages 1, 49, 61-63

Exhibit A to March 21, 2024
Notice of Filing Medical and
Mental Health Neutral Monitor
Reports - 15th Medical Audit
Report

Highlighted portions
at pages 14-20, 2830; highlighted
portions in report
attachment Physician
Case Review;
highlighted portions
of attachment
Monitoring Audit
Tool at pages 2-4, 912, 14-27, 34

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Reason(s) for Sealing
Contains information
identifying class members,
providers of patient care, and
compliance ratings on
requirements released from
monitoring. Public
disclosure would cause harm.
Contains information
identifying class members and
providers of patient care. Public
disclosure would cause harm.

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(2)

Monitor Reports (ECF 863) is DENIED.

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Plaintiff’s Administrative Motion to Consider Whether to File Under Seal Neutral

(3)

This order terminates ECF 862 and 863.

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Dated: April 8, 2024
______________________________________
BETH LABSON FREEMAN
United States District Judge

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