King v. Calderwood et al

Filing 36

ORDER Granting 26 Defendants' Motion for Leave to File Medical Records Under Seal. Signed by Chief Judge Gloria M. Navarro on 1/9/15. (Copies have been distributed pursuant to the NEF - TR)

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CATHERINE CORTEZ MASTO
Attorney General
MERCEDES S. MENENDEZ
Deputy Attorney General
Nevada Bar No. 9443
Public Safety Division
555 E. Washington Ave., Ste. 3900
Las Vegas, Nevada 89101
T: [phone]
F: [phone]
[e-mail]
Attorneys for Defendants Amy Calderwood, James
G. Cox, Roland Daniels, Cary Leavitt, Jennifer
Nash, Chad Smith, and James Larry Wuest

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MATHEW J. KING,
Plaintiff,

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vs.

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JAMES G. COX, JENNIFER NASH,
QUENTIN BYRNE, CCSIII LEAVITT,
CCSIII GRAHAM, CCSIII WUEST,
ROLAND DANIELS, CCS SMITH, AMY
CALDERWOOD, et al.,

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Defendants.

) CASE NO.: 2:13-cv-02080-GMN-PAL
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DEFENDANTS’ MOTION FOR LEAVE TO
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FILE MEDICAL RECORDS UNDER SEAL
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AND ORDER
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Defendants, Amy Calderwood, James G. Cox, Roland Daniels, Cary Leavitt, Jennifer

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Nash, Chad Smith, and James Larry Wuest, by and through their counsel, Attorney General

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Catherine Cortez Masto, and Deputy Attorney General Mercedes S. Menendez, of the State of

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Nevada, Office of the Attorney General, hereby move for leave to file under seal Exhibit G to

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Defendant’s Motion for Summary Judgment, which contain Plaintiff’s medical records. This

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Motion is made and based on the following Memorandum of Points and Authorities as well as

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all pleadings and papers on file in this case.

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MEMORANDUM OF POINTS AND AUTHORITIES

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Defendant seeks leave to file Exhibit G to Defendant’s Motion for Summary Judgment,

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consisting of Plaintiff’s relevant Medical Records, under seal. Plaintiff’s medical records are
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confidential in nature pursuant to Administrative Regulation 569.02(12) (“Department records,

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filed and information pertaining to individual inmates who are not specifically approved for

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release in the regulation are confidential”).

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Accordingly, Defendant seeks to file Plaintiff’s medical records under seal to prevent their

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entry into the public record.

See NRS 449.720(2); NRS 629.061(5).

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Based on the foregoing, Defendants respectfully request that this Court grant

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Defendants’ Motion for Leave to File Under Seal Exhibit G, medical records, in Support of

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Defendant’s Motion for Summary Judgment.

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DATED this 15th day of December, 2014.

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Respectfully submitted,

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CATHERINE CORTEZ MASTO
Attorney General

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By:

/s/ Mercedes S. Menendez
MERCEDES S. MENENDEZ
Deputy Attorney General
Attorneys for Defendants

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IT IS SO ORDERED.

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_____________________________
Gloria M. Navarro, Chief Judge
United States District Court

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DATED: 01/09/2015

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