Lawrey et al v. Good Samaritan Hospital et al

Filing 150

ORDER that the Clerk of the Court shall restrict the access of the indexes of evidence found at Filing Nos. 145 and 142 , and the attachments thereto, to the case participants of the above captioned action. Ordered by Chief Judge Laurie Smith Camp. (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAWN LAWREY, Mother and Next
Friend of Aubree Lawrey, a Minor,

CASE NO. 8:11CV63

Plaintiff,
vs.

ORDER

KEARNEY CLINIC, P.C., DAWN M.
MURRAY, M.D.,
Defendants.

This matter is before the Court on the Court’s own motion. Several transcripts
from the trial of this action, held September 19 through September 26, 2012, have been
uploaded onto this Court’s CM/ECF. (Filing Nos. 123-24, 136-40.)
As reflected in the Court’s Transcript Redaction Procedures,1 once a transcript is
uploaded onto the Court’s CM/ECF, parties have five business days to file with the
Court a Notice of Intent to Request Redaction of the transcript. During that time, access
to the transcript is restricted to case participants. If those five days pass and no party
has filed a Notice of Intent to Request Redaction, then the transcript will become
remotely electronically available to the public after ninety calendar days. During those
ninety calendar days, however, access to the transcript remains restricted to case
participants.
1

The procedures are made known, and available, in the docket entry for any
unredacted transcript filed. See Filing Nos. 123-24, 136-40:
The transcript can only be viewed at the court's public terminal or
purchased through [the] Court Reporter . . . before the expiration of the
Release of Transcript Restriction deadline. The parties have 5 business
days to file with the court a Notice of Intent to Request Redaction of this
transcript. If no such Notice is filed, the transcript may be made remotely
electronically available to the public without redaction after 90 calendar
days. Click here to view the Transcript Redaction Procedure.

Plaintiff has filed indexes of evidence in support of various post-trial motions with
attachments consisting of transcripts from the trial. (See Filing Nos. 142-2, 142-3, 1452.) With respect to the transcripts found at Filing Nos. 142-32 and 145-2,3 the 90-day
restriction period has not passed. The transcript found at Filing No. 142-2 will never be
made remotely electronically available to the public because it has been redacted
according to the Court’s Transcript Redaction procedure.4
Therefore, the Court will instruct the Clerk of the Court to restrict the access of
the indexes of evidence that contain the unredacted transcripts (Filing Nos. 142, 145) to
case participants in order to maintain the policies of the Court’s Transcript Redaction
Procedures. Accordingly,
IT IS ORDERED that the Clerk of the Court shall restrict the access of the
indexes of evidence found at Filing Nos. 142 and 145, and the attachments thereto, to
the case participants of the above captioned action.
Dated this 30th day of October, 2012.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge

2

See Filing No. 136.

3

See Filing No. 137.

4

See Filing Nos. 127-28; compare Filing No. 132, at 85:23, with Filing No. 123,
at 85:23, and Filing No. 142-2, at 85:23.
2