Anderson v. Eastern Connecticut Health Network, Inc. et al
ORDER granting joint 70 Third Motion for Protective Order; denying as moot 47 Second Motion for Protective Order. SEE ATTACHED. Signed by Judge Donna F. Martinez on 1/23/13. (Nichols, J.)
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
HARRY T. ANDERSON,
EASTERN CT HEALTH NETWORK,
INC. et al.,
CASE NO. 3:12CV785(RNC)
The parties' Joint Motion for Protective Order (doc. #70)
is granted1 with the following clarifications.
In order to have
any part(s) of a document filed under seal, a party must (1)
file a public version of the document that does not contain the
part(s) in question and (2) make a motion in accordance with
District of Connecticut Local Civil Rule 5(e) that specifies the
part(s) to be kept under seal and, with respect to each part,
makes a particularized showing of good cause for departing from
the strong presumption against sealing.
See Hartford Courant
Co. v. Pellegrino, 380 F.3d 83, 95-96 (2d Cir. 2004) (judicial
records may be sealed only when and to the extent necessary to
preserve higher values).
This requires a careful review of each
part of a document a party wishes to file under seal to ensure
Plaintiff conceded at the January 10, 2013 hearing that he
has placed his physical and mental health at issue and, upon
entry of a protective order, will execute authorizations to
release relevant treatment records in response to defendants'
that the requested sealing order is no broader than necessary.
See United States v. Amodeo, 71 F.3d 1044, 1050-51 (2d Cir.
Agreement of the parties to a proposed sealing order is
not a sufficient basis for granting such an order.
Moreover, the court's assent to the parties' request for a
protective order to govern the disclosure and use of assertedly
confidential information does not mean that courtroom
proceedings will be closed to members of the public.
proceedings are presumptively open to the public, and no closure
order will be entered in this case except on a specific written
request of a party supported by a showing of sufficient cause.
SO ORDERED at Hartford, Connecticut this 23rd day of
Donna F. Martinez
United States Magistrate Judge
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