Small et al v. University Medical Center of Southern Nevada

Filing 244

ORDER Denying 217 Motion to Seal. Signed by Magistrate Judge Peggy A. Leen on 3/27/2015. (Copies have been distributed pursuant to the NEF - DC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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DANIEL SMALL, et al.,

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Plaintiffs,

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Case No. 2:13-cv-00298-APG-PAL

v.

ORDER
(Mtn to Seal – Dkt. #217)

UNIVERSITY MEDICAL CENTER OF
SOUTHERN NEVADA,
Defendant.

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This matter is before the court on Plaintiffs Daniel Small’s, Carolyn Small’s, William

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Curtain’s, David Cohen’s, Lanette Lawrence’s and Louise Collard’s Motion to Seal Documents

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Filed in Connection to Plaintiffs’ Response to Defendant’s Objection to the Report and

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Recommendation and Final Findings of Fact and Conclusions of Law of Special Master Daniel

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B. Garrie (Dkt. #217). This matter was referred to the undersigned pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and LR IB 1-4 and 1-9. The court has considered the Motion and Defendant

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University Medical Center of Southern Nevada’s Notice of Non-Opposition (Dkt. #223).

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Plaintiffs seek an order allowing them to file Exhibits I and J in support of their Response

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(Dkt. #217) to Defendant’s Objection (Dkt. #207) to the Special Master’s Report of Findings and

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Recommendation (Dkt. #189). Plaintiff represents that Defendant designated the documents

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contained in Exhibits I and J as confidential pursuant to the terms of the Stipulated Protective

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Orders (Dkt. ##67, 202), and they are filing this request in accordance with the Protective

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Orders. Plaintiffs assert that the documents contained in Exhibits I and J are public documents,

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subject to Nevada’s open records law. Plaintiffs believe Defendant’s confidentiality designation

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is improper.

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Defendant’s Notice of Non-Objection incorporates the arguments set forth in its Motion

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to Seal All Transcripts and Exhibits to Special Master’s Orders (Dkt. #188) and the Reply (Dkt.

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#213) thereto. Defendant does not address Plaintiffs’ contention that the documents included in

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Exhibits I and J are public documents.

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On March 20, 2015, the court entered an Order (Dkt. #243) denying Defendant’s Motion

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to Seal and rejecting the arguments upon which it relies to support the instant Motion to Seal.

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For the reasons set forth more fully in the court’s March 20, 2015, Order,

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IT IS ORDERED that Plaintiffs’ Motion to Seal (Dkt. #217) is DENIED.

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Dated this 27th day of March, 2015.

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____________________________________
PEGGY A. LEEN
UNITED STATES MAGISTRATE JUDGE

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