Jackson v. O'Callaghan

Filing 38

ORDER that 37 Motion to File Under Seal is denied without prejudice. Signed by Magistrate Judge George Foley, Jr on 10/19/15. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARIANNE JACKSON, individually, and as
Administratrix of the ESTATE OF BRYAN D.
JACKSON,

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Plaintiff,
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vs.
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MIKE O’CALLAGHAN FEDERAL
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HOSPITAL PHARMACY, et al.
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Defendant.
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__________________________________________)

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2:14-cv-00392-APG-GWF
ORDER

This matter is before the Court on Defendant United States of America’s Motion to File
Under Seal (#37), filed on October 15, 2015.

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Defendant seeks to file its Motion for Sanctions (#36) under seal because “it contains

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specific information, references, and documents of a sensitive or confidential nature.” (#37), p. 2.

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There is a general public right to inspect judicial records and documents. See Nixon v. Warner

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Commc’ns, Inc., 435 U.S. 589, 597 & n.7 (1978); Kamakana v. City and County of Honolulu, 447

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F.3d 1172, 1178 (9th Cir. 2006). This right leads to a “strong presumption in favor of access to

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court records.” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003) citing

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Hagestad v. Tragesser, 49 F.3d 1430, 1434 (9th Cir. 1985). Defendant offers no legal basis for the

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motion to seal, and does not identify any of the specific information that should be sealed.

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Accordingly,

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IT IS HEREBY ORDERED that Defendant’s Motion to File Under Seal (#37) is denied

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without prejudice. The Motion (#36) will remain sealed for 14 days from the date of this order. If

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the Defendants file an amended motion to seal or object to the Court’s order, the exhibit shall

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remain sealed until further order of the Court.

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DATED this 19th day of October, 2015.

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GEORGE FOLEY, JR.
United States Magistrate Judge

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