Shah v. Department of Justice

Filing 6

ORDER that the Clerk's Office seal 1 PETITION for Judicial Review at least on a temporary basis. Plaintiff is to file no later than 5/6/2014 either (1) a version of the document with the alleged victim's name redacted or (2) a memorandum of points and authorities explaining why such redaction is not proper. Signed by Magistrate Judge Nancy J. Koppe on 4/29/2014. (Copies have been distributed pursuant to the NEF - SLD)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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MANE SHAH,

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Pending before the Court is Plaintiff’s petition for judicial review, which includes the name

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Plaintiff(s),
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vs.
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DEPARTMENT OF JUSTICE,
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Defendant(s).

Case No. 2:14-cv-00624-APG-NJK
ORDER
(Docket No. 1)

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of Plaintiff’s alleged sexual assault victim. See Docket No. 1.1 The Ninth Circuit has held that there

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is a presumption of public access to judicial files and records. See, e.g., Kamakana v. City and

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County of Honolulu, 447 F.3d 1172, 1180 (9th Cir. 2006). But courts have also recognized the need

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to protect the privacy of alleged sexual assault victims. See, e.g., Doe v. Blue Cross & Blue Shield

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United of Wis., 112 F.3d 869, 872 (7th Cir. 1997) (recognizing the need to protect the privacy of,

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inter alia, rape victims). Indeed, “the public generally has a strong interest in protecting the

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identities of sexual assault victims so that other victims will not be deterred from reporting such

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crimes.” Doe v. Penzato, 2011 WL 1833007, *3 (N.D. Cal. May 13, 2011); see also J.C. v. Society

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of Jesus, Ore. Province, 2006 WL 3158814, *7 (W.D. Wash. Oct. 27, 2006) (recognizing “the

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interest in protecting the privacy of victims of sexual assault outweighs the right of the public to

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The alleged victim’s identity is revealed in at least the affidavit attached to the petition.

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access such information” and finding redaction of victims’ names sufficient to obscure their

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identities).

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In light of the above, the Court hereby ORDERS the Clerk’s Office to seal Docket No. 1, at

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least on a temporary basis. The Court further ORDERS Plaintiff to file, no later than May 6, 2014,

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either (1) a version of the document with the alleged victim’s name redacted or (2) a memorandum

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of points and authorities explaining why such redaction is not proper.

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IT IS SO ORDERED.

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DATED: April 29, 2014

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______________________________________
NANCY J. KOPPE
United States Magistrate Judge

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