Allstate Insurance Company et al v. Shah, MD et al

Filing 67

ORDER that #65 Motion to Seal Exhibits 1-R and 1-S is GRANTED. Signed by Magistrate Judge Carl W. Hoffman on 9/19/16. (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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ALLSTATE INSURANCE COMPANY, et al.,

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Plaintiff,
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v.
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RUSSELL J. SHAH, et al.,
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Defendants.
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_______________________________________ )

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Case No. 2:15-cv-01786-APG-CWH

ORDER

Presently before the court is Defendants’ motion (ECF No. 65) to seal, filed on September
16, 2016. Plaintiffs have not filed a response.

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For most judicial records, a motion to seal is considered under a “compelling reasons”

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standard. See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir.2006)

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(holding that “[a] party seeking to seal a judicial record ... bears the burden of ... meeting the

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‘compelling reasons' standard”). This standard derives from the common law right “to inspect and

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copy public records and documents, including judicial records and documents.” Kamakana, 447

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F.3d at 1178 (citation and internal quotation marks omitted). To limit this common law right of

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access, a party seeking to seal judicial records must show that “compelling reasons supported by

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specific factual findings ... outweigh the general history of access and the public policies favoring

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disclosure.” Id. at 1178–79 (internal quotation marks and citations omitted). Pintos v. Pac.

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Creditors Ass'n, 605 F.3d 665, 677–78 (9th Cir. 2010). Here, Defendants represents that Exhibits 1-

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R and 1-S supporting ECF No. 62 for this case contain sensitive medical information of non-parties.

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Upon review, the court agrees that there are compelling reasons to seal these documents that override

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the general presumption for public disclosure.

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//

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//

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IT IS THEREFORE ORDERED that the Clerk of Court shall SEAL Exhibits 1-R and 1-S of
ECF No. 66 for this case.

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DATED: September 19, 2016.

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_________________________________
C.W. Hoffman, Jr.
United States Magistrate Judge