Ocegueda v. State of Nevada et al

Filing 34

ORDER granting 31 Motion to Seal 32 Exhibits and Granting 33 Motion to Extend Timeto Reply to 30 Response to 23 Motion to Dismiss. Replies due by 6/17/2020. Signed by Judge James C. Mahan on 5/22/2020. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:15-cv-01884-JCM-EJY Document 34 Filed 05/22/20 Page 1 of 1

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANA OCEGUEDA,

Case No. 2:15-cv-01884-JCM-EJY

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Petitioner,
v.

ORDER

WARDEN JO GENTRY, et al.,
Respondents.
Presently before the court are petitioner Ana Ocegueda’s motion to seal (ECF No. 31) and
respondents’ motion for enlargement of time (ECF No. 33).

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Ocegueda seeks leave to file under seal a total of five exhibits containing sensitive health

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information, including her medical kites, physician’s orders, and progress notes. (ECF No. 32.)

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The need to protect medical privacy generally qualifies as a “compelling reason” for sealing

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records in connection with a dispositive motion. E.g., Abbey v. Hawaii Employers Mut. Ins. Co.

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(HEMIC), 760 F. Supp. 2d 1005, 1013 (D. Haw. 2010). Having reviewed and considered the

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matter in accordance with the Ninth Circuit’s directives set forth in Kamakana v. City and County

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of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its progeny, the court finds that a compelling need

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to protect Ocegueda’s privacy and personal identifying information outweighs the public interest

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in open access to court records. Accordingly, IT IS HEREBY ORDERED that Ocegueda’s motion

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to seal (ECF No. 31) is GRANTED.

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Good cause appearing, IT IS HEREBY ORDERED that respondents’ motion for

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enlargement of time (ECF No. 33) is GRANTED. Respondents have until June 17, 2020, to file

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a reply in support of the motion to dismiss.

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May 22, 2020.
DATED this ______ day of ________ 2020.

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JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE

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