McIntosh v. Wexford Health Sources, Inc., et al

Filing 215

MEMORANDUM AND ORDER, granting 212 MOTION to Seal Document filed by Wexford Health Sources, Inc. Signed by Judge J. Phil Gilbert on 2/22/2023. (jdh)

Case 3:17-cv-00103-JPG Document 215 Filed 02/22/23 Page 1 of 2 Page ID #1864

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DALLAS MCINTOSH, #B85114,
Plaintiff,
v.

Case No. 17-cv-00103-JPG

WEXFORD HEALTH SOURCES, INC., NANCY
KEEN, and BARBARA RODRIQUEZ,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on Defendants Barbara Rodriquez and Wexford Health
Sources, Inc.’s (“Defendants”) Motion to File Summary Judgment Exhibit Under Seal (Doc. 212).
Defendants request leave to file the transcript of the deposition of Dr. Neil Fisher as corporate
representative of Defendant Wexford Health Sources, Inc., under seal. In support, Defendants
indicate the testimony from Dr. Fisher’s deposition reference policies and procedures protected by
the Protective Order. Defendants indicate counsel for Plaintiff Dallas McIntosh and Defendant
Nancy Keen have no objection.
Motions to seal are disfavored because there is a presumption that “[d]ocuments that affect
the disposition of federal litigation” should be open to public view. In re Specht, 622 F.3d 697,
701 (7th Cir. 2010). Public interest in the judicial process, however, can be overridden if the
movant demonstrates “good cause for sealing a part or the whole of the record[.]” Citizens First
Nat'l Bank of Princeton v. Cincinnati Ins. Co., 178 F. 3d 943, 945 (7th Cir. 1999).
Defendants argue that they have legitimate privacy needs and confidentiality over the
narrow category of materials. Additionally, Defendants cite Wilkins v. Overall, No. 16-cv-01324SPM, 2021 WL 824954, at *1 (S.D. Ill. Mar. 4, 2021). In Wilkins, the court found good cause to

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Case 3:17-cv-00103-JPG Document 215 Filed 02/22/23 Page 2 of 2 Page ID #1865

seal documents Wexford’s medical guidelines as they are proprietary trade secrets. The Court has
reviewed Mr. Fisher’s deposition, which almost entirely relates to Wexford’s policies and
procedures. For this reason, the Court finds that Defendants have demonstrated “good cause” to
seal Dr. Fisher’s transcript.
The Court GRANTS Defendants Motion to Seal and grants Defendants leave to file the
requested record under seal. (Doc. 212).
IT IS SO ORDERED.
DATED: February 22, 2023
/s/ J. Phil Gilbert
J. PHIL GILBERT
U.S. DISTRICT JUDGE

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