Picozzi v. State of Nevada et al

Filing 231

ORDER - IT IS HEREBY ORDERED that Defendants' Motion for Leave to File Exhibits A-C to Defendants' Response to Plaintiff's Motion Pursuant to Order Dated April 26, 2024 under seal ECF No. 228 is GRANTED. IT IS FURTHER ORDERED that Exhibits A-C to ECF No. 229 are and shall remain sealed. Signed by Magistrate Judge Elayna J. Youchah on 5/9/2024. (For Distribution by law library.)(Copies have been distributed pursuant to the NEF - GA)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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MARK PICOZZI,
Plaintiff,

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v.

Case No. 2:22-cv-01011-ART-EJY
ORDER

STATE OF NEVADA, et al.
Defendants.

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Pending before the Court is Defendants’ Motion for Leave to File Exhibits A-C to

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Defendants’ Response to Plaintiff’s Motion Pursuant to Order Dated April 26, 2024 under seal. ECF

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No. 228.

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As the party seeking to seal a judicial record Defendants must meet their burden of

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overcoming the strong presumption in favor of access and public policies favoring disclosure.

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Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178–79 (9th Cir. 2006) (holding that

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those who seek to maintain the secrecy of documents attached to dispositive motions must meet the

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high threshold of showing that “compelling reasons” support secrecy). Importantly, medical privacy

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meets the compelling reason standard. See, e.g., San Ramon Regional Med. Ctr., Inc. v. Principal

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Life Ins. Co., 2011 WL89931, at *n. 1 (N.D. Cal. Jan. 10, 2011); Abbey v. Hawaii Employers Mut.

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Ins. Co., 2010 WL4715793, at *1-2 (D.HI. Nov. 15, 2010); G. v. Hawaii, 2010 WL 267483, at *1-2

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(D. Haw. June 25, 2010); Wilkins v. Ahern, 2010 WL3755654 (N.D. Cal. Sept. 24, 2010); Foltz v.

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State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1136 (9th Cir. 2003). The Court considered the

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Motion and the documents sought to be sealed, which are medical records. The Court therefore

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finds Exhibits A-C are properly sealed.

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Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for Leave to File Exhibits

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A-C to Defendants’ Response to Plaintiff’s Motion Pursuant to Order Dated April 26, 2024 under

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seal (ECF No. 228) is GRANTED.

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IT IS FURTHER ORDERED that Exhibits A-C to ECF No. 229 are and shall remain sealed.

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DATED this 9th day of May, 2024.

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ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

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