Atkins v. Mabus

Filing 33

ORDER Granting 21 Motion to File Documents Under Seal. The Clerk of Court shall File Under Seal the excerpts of the Deposition of Gary Atkins and the Declaration of Gary Atkins, filed by Defendant and currently lodged as proposed sealed documents at (Dkt. No. 23 ). Signed by Judge Gonzalo P. Curiel on 6/3/2014. (srm)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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9 GARY ATKINS,

Case No.: 12-cv-1390-GPC-WVG

Plaintiff,

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ORDER GRANTING JOINT
MOTION TO PERMIT FILING
UNDER SEAL

13 RAYMOND E. MABUS, SECRETARY
OF THE NAVY
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[Dkt. No. 21.]

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v.

Defendant.

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On February 20, 2014, the parties to this action jointly requested that they be
permitted to file certain documents in support of and in opposition to Defendant’s
summary judgment motion under seal.

(Dkt. No. 21.)

Defendant has lodged two

proposed sealed documents on the docket. (Dkt. No. 23.) For the reasons set forth below,
the Court finds that compelling reasons support the Parties’ request and GRANTS the
joint motion. (Dkt. No. 21.)
There is a presumptive right of public access to court records based upon common
law and First Amendment grounds. See Nixon v. Warner Comm., Inc., 435 U.S. 589,
597 (1978); Phillips ex rel. Estates of Byrd v. General Motors Corp., 307 F.3d 1206,
1212 (9th Cir. 2002). “Historically, courts have recognized a general right to inspect and
copy public records and documents, including judicial records and documents.” See

1 Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (internal
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However, if the parties can satisfy the

3 “compelling reason” standard outlined by the Ninth Circuit in Kamakana, the Court may
4 seal records to protect sensitive personal or confidential information. The need to protect
5 medical privacy has qualified as a “compelling reason” for sealing records in connection
6 with a dispositive motion. See, e.g., San Ramon Regional Med. Ctr., Inc. v. Principal Life
7 Ins. Co., 2011 U.S. Dist. LEXIS 4100, 2011 WL89931, at *n.1 (N.D. Cal. Jan. 10, 2011);
8 Wilkins v. Ahern, 2010 U.S. Dist. LEXIS 110927, 2010 WL3755654 (N.D. Cal. Sept. 24,
9 2010); Lombardi v. TriWest Healthcare Alliance Corp., 2009 U.S. Dist. LEXIS 41693,
10 2009 WL 1212170, at * 1 (D.Ariz. May 4, 2009).
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In this case, the parties request an order allowing them to file under seal documents

12 and testimony which identify the “serious medical condition” referenced in Plaintiff’s
13 First Amended Complaint. (Dkt. No. 10 at 2:13.) This is an action pursuant to the
14 Privacy Act of 1974 in which Plaintiff alleges that the Naval Medical Center San Diego
15 failed to safeguard his medical records, and in doing so violated the Privacy Act.
16 Plaintiff alleges that his coworkers and supervisors became aware of his serious medical
17 condition and used it against him in performance evaluations. Plaintiff seeks to keep the
18 nature of his diagnosis private.
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Pursuant to the above authority, the Court finds there is a “compelling reason” to

20 seal documents identifying the nature of Plaintiff’s diagnosis. The Court GRANTS the
21 joint motion.
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Accordingly, the Court hereby ORDERS: The Clerk of Court shall FILE UNDER

23 SEAL the excerpts of the Deposition of Gary Atkins and the Declaration of Gary Atkins,
24 filed by Defendant and currently lodged as proposed sealed documents at (Dkt. No. 23).
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IT IS SO ORDERED.

26 DATED: June 3, 2014
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___________________________________
HON. GONZALO P. CURIEL
United States District Judge

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