Rimer v. Sandoval et al

Filing 93

ORDER Denying 90 Motion for Leave to File Medical Records Under Seal. Signed by Magistrate Judge George Foley, Jr on 6/1/15. (Copies have been distributed pursuant to the NEF - TR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STANLEY RIMER,

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Plaintiff,
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vs.
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BRIAN SANDOVAL, et al.,
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Defendant.
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__________________________________________)

Case No. 2:13-cv-01440-JCM-GWF
ORDER

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This matter is before the Court on Defendants’ Renewed Motion for Leave to File Medical
Records Under Seal (#90), filed on May 26, 2015.

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Defendants filed their initial Motion to Seal (#82) in order to have the Plaintiff’s relevant

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medical records filed under seal. The Court denied that motion, stating that “confidentiality alone

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is insufficient to meet the ‘compelling reasons’ standard. (#87). The Defendants now bring a

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renewed motion in a second attempt to have the Plaintiff’s relevant medical records filed under

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seal.

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The “compelling reasons” standard is a high bar for the Defendants to meet. The

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Defendants request that the Plaintiff’s relevant medical records be placed under seal. The records

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in question are, by the Plaintiff’s own admission, relevant to the issues in this case. The Plaintiff’s

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medical records are crucial in a case about the treatment he received while incarcerated. Merely

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citing privacy concerns, again, is insufficient to overcome the “strong presumption in favor of

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access.” Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

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The Court recognizes the need to redact specific personal identifying information in the

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medical records, such as Social Security numbers or dates of birth. The Court also recognizes that

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the process of redacting the medical records may be burdensome for the Defendants. However, the

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burden placed on the Defendants to redact personal identifying information is insufficient to

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warrant placing relevant and material medical records under seal. The Court will therefore deny

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the motion without prejudice and allow the Defendants one more attempt to meet the high standard

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set by Kamakana. Accordingly,

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IT IS HEREBY ORDERED that the Defendants’ Renewed Motion for Leave to File

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Medical Records Under Seal (#90) is denied without prejudice. The exhibit will remain sealed for

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14 days from the date of this order. If the Defendants file an amended motion to seal or object to

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the Court’s order, the exhibit shall remain sealed until further order of the Court.

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DATED this 1st day of June, 2015.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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