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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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 8 9 10 11 STANLEY RIMER, ) ) Plaintiff, ) ) vs. ) ) BRIAN SANDOVAL, et al., ) ) Defendant. ) __________________________________________) Case No. 2:13-cv-01440-JCM-GWF ORDER 12 13 14 This matter is before the Court on Defendants’ Renewed Motion for Leave to File Medical Records Under Seal (#90), filed on May 26, 2015. 15 Defendants filed their initial Motion to Seal (#82) in order to have the Plaintiff’s relevant 16 medical records filed under seal. The Court denied that motion, stating that “confidentiality alone 17 is insufficient to meet the ‘compelling reasons’ standard. (#87). The Defendants now bring a 18 renewed motion in a second attempt to have the Plaintiff’s relevant medical records filed under 19 seal. 20 The “compelling reasons” standard is a high bar for the Defendants to meet. The 21 Defendants request that the Plaintiff’s relevant medical records be placed under seal. The records 22 in question are, by the Plaintiff’s own admission, relevant to the issues in this case. The Plaintiff’s 23 medical records are crucial in a case about the treatment he received while incarcerated. Merely 24 citing privacy concerns, again, is insufficient to overcome the “strong presumption in favor of 25 access.” Kamakana v. City and County of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). 26 The Court recognizes the need to redact specific personal identifying information in the 27 medical records, such as Social Security numbers or dates of birth. The Court also recognizes that 28 the process of redacting the medical records may be burdensome for the Defendants. However, the 1 burden placed on the Defendants to redact personal identifying information is insufficient to 2 warrant placing relevant and material medical records under seal. The Court will therefore deny 3 the motion without prejudice and allow the Defendants one more attempt to meet the high standard 4 set by Kamakana. Accordingly, 5 IT IS HEREBY ORDERED that the Defendants’ Renewed Motion for Leave to File 6 Medical Records Under Seal (#90) is denied without prejudice. The exhibit will remain sealed for 7 14 days from the date of this order. If the Defendants file an amended motion to seal or object to 8 the Court’s order, the exhibit shall remain sealed until further order of the Court. 9 DATED this 1st day of June, 2015. 10 11 12 GEORGE FOLEY, JR. United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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