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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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 6 7 8 9 10 11 ALLSTATE INSURANCE COMPANY, et al., ) ) Plaintiff, ) ) v. ) ) RUSSELL J. SHAH, et al., ) ) Defendants. ) ) _______________________________________ ) 12 13 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. 14 For most judicial records, a motion to seal is considered under a “compelling reasons” 15 standard. See Kamakana v. City & County of Honolulu, 447 F.3d 1172, 1178 (9th Cir.2006) 16 (holding that “[a] party seeking to seal a judicial record ... bears the burden of ... meeting the 17 ‘compelling reasons' standard”). This standard derives from the common law right “to inspect and 18 copy public records and documents, including judicial records and documents.” Kamakana, 447 19 F.3d at 1178 (citation and internal quotation marks omitted). To limit this common law right of 20 access, a party seeking to seal judicial records must show that “compelling reasons supported by 21 specific factual findings ... outweigh the general history of access and the public policies favoring 22 disclosure.” Id. at 1178–79 (internal quotation marks and citations omitted). Pintos v. Pac. 23 Creditors Ass'n, 605 F.3d 665, 677–78 (9th Cir. 2010). Here, Defendants represents that Exhibits 1- 24 R and 1-S supporting ECF No. 62 for this case contain sensitive medical information of non-parties. 25 Upon review, the court agrees that there are compelling reasons to seal these documents that override 26 the general presumption for public disclosure. 27 // 28 // 1 2 IT IS THEREFORE ORDERED that the Clerk of Court shall SEAL Exhibits 1-R and 1-S of ECF No. 66 for this case. 3 4 DATED: September 19, 2016. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _________________________________ C.W. Hoffman, Jr. United States Magistrate Judge

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