Chudacoff v. University Medical Center Of Southern Nevada et al

Filing 598

ORDER Granting 541 Motion to Seal 539 and 540 Subpoenas Returned Executed. FURTHER ORDERED that 542 Motion to Strike Plaintiff's Emergency Letter Motion for Protective Order is GRANTED. FURTHER ORDERED that Plaintiffs Emergency Motion for Protective Order 525 be stricken. Signed by Magistrate Judge George Foley, Jr on 1/11/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

DISTRICT OF NEVADA

7
8
9
10
11
12

RICHARD CHUDACOFF,

)
)
Plaintiff,
)
)
vs.
)
)
UNIVERSITY MEDICAL CENTER, et al.,
)
)
Defendants.
)
__________________________________________)

Case No. 2:08-cv-00863-RCJ-GWF
ORDER
Motion to Seal (#541); Motion to
Strike (#542)

13
14

These matters come before the Court on Defendants’ Motion to Seal Subpoenas (#541),

15

filed on August 26, 2012, and Defendants’ Motion to Strike (#542), filed on August 27, 2012.

16

Plaintiff filed a Notice of Non-Opposition (#556) to the Motion to Seal (#541) on September 13,

17

2012. Plaintiff filed a Response (#554) to the Motion to Strike (#542) on September 13, 2012.

18

Defendants filed a Reply (#563) to the Response (#554) on September 19, 2012.

19

Defendants move to seal the Subpoenas Returned Executed (#539, #540) because they

20

contain Plaintiff’s social-security number. Plaintiff does not oppose the Motion. Under Federal

21

Rule of Civil Procedure 5.2(d), the Court may seal documents that contain an individual’s social-

22

security number. The Court finds, however, that the balance of the subject documents’ content

23

should remain a part of the public record. Therefore, the Court will seal the documents (#539,

24

#540), and order Defendants to re-file them with Plaintiff’s social-security number redacted

25

according to Rule 5.2(a).

26

Defendants also move to strike Plaintiff’s Motion for Protective Order (#525). Under Local

27

Rule 7-5(d), an emergency motion must be accompanied by a sworn affidavit (1) setting forth the

28

nature of the emergency, (2) certifying that the movant made a sincere effort to resolve the dispute

1

without court action, and (3) detailing when and how the other party was notified of the motion.

2

Plaintiff drafted his Motion (#525) in the form of a letter. Defendants argue that because the

3

Motion was not accompanied by an affidavit as specified under LR 7-5(d), it should be stricken.

4

The Court agrees that Plaintiff’s Motion for Protective Order (#525) is deficient under the Local

5

Rules. Accordingly,

6
7
8
9
10
11
12
13
14
15
16

IT IS HEREBY ORDERED that Defendants’ Motion to Seal Document #539 and
Document #540 (#541) is granted.
IT IS FURTHER ORDERED that the Clerk of the Court shall seal Subpoena Returned
Executed (#539) and Subpoena Returned Executed (#540).
IT IS FURTHER ORDERED that Defendants shall re-file the executed subpoenas (#539,
#540) with Plaintiff’s social-security number properly redacted under F.R.C.P. 5.2.
IT IS FURTHER ORDERED that Defendants’ Motion to Strike Plaintiff’s Emergency
Letter Motion for Protective Order (#542) is granted.
IT IS FURTHER ORDERED that Plaintiff’s Emergency Motion for Protective Order
(#525) be stricken.
DATED this 11th day of January, 2013.

17
18
19

______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

20
21
22
23
24
25
26
27
28
2