Alexander v. State Of Nevada et al

Filing 78

ORDER granting 57 Defendants' Motion for Leave to File Exhibits Under Seal in Support of Motion for Summary Judgment. Signed by Magistrate Judge William G. Cobb on 11/8/2012. (Copies have been distributed pursuant to the NEF - HJ)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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NARVIEZ V. ALEXANDER,

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Plaintiff,
vs.
STATE OF NEVADA, et al.,

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Defendants.

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3:10-cv-00429-RCJ-WGC
ORDER

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Before the court is Defendants State of Nevada et al.’s Motion for Leave to File Exhibits Under

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Seal in Support of Defendants’ Motion for Summary Judgment. (Doc. # 57.) These exhibits–Exhibits

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C, E and G–contain Plaintiff Narviez V. Alexander’s confidential medical records. (Doc. #59-1.)

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Defendants contend prison security is a compelling government interest and the potential disclosure to

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other inmates of Alexander’s health and medication information may put Alexander’s safety at risk.

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(Doc. # 57 at 3.) For example, Defendants claim “inmates have been known to extort inmates for their

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medications.” (Id.) Alexander has not objected to Defendant’s motion.

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“Historically, courts have recognized a general right to inspect and copy public records and

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documents, including judicial records and documents.” See Kamakana v. City and County of Honolulu,

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447 F.3d 1172, 1178 (9th Cir. 2006) (internal quotations and citation omitted). Documents that have

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been traditionally kept secret, including grand jury transcripts and warrant materials in a pre-indictment

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investigation, come within an exception to the general right of public access. See id. Otherwise, “a

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strong presumption in favor of access is the starting point.” Id. (internal quotations and citation

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omitted).

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A motion to seal documents that are part of the judicial record, or filed in connection with a

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dispositive motion, as they are here, must meet the “compelling reasons” standard outlined in

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Kamakana. Thus, a party seeking to seal judicial records must show that “compelling reasons supported

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

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disclosure.” Kamakana, 447 F.3d at 1178-79. The trial court must weigh relevant factors including “the

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public interest in understanding the judicial process and whether disclosure of the material could result

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in improper use of the material for scandalous or libelous purposes or infringement upon trade secrets.”

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Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 679 n.6 (9th Cir. 2010) (internal quotations and citation

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omitted). While the decision to grant or deny a motion to seal is within the trial court’s discretion, the

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trial court must articulate its reasoning in deciding a motion to seal. Pintos, 605 F.3d at 679.

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The court recognizes that the need to protect medical privacy has qualified as a “compelling

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reason,” for sealing records in connection with a dispositive motion. See, e.g., San Ramon Reg’l Med.

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Ctr., Inc. v. Principal Life Ins. Co., No. C 10–02258 SBA, 2011 WL 89931, at *1 n.1 (N.D. Cal.

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Jan. 10, 2011); Abbey v. Hawaii Employers Mut. Ins. Co., Civil No. 09–000545 SOM/BMK, 2010

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WL4715793, at *1-2 (D. Haw. Nov. 15, 2010); Wilkins v. Ahern, No. C 08–1084 MMC (PR), 2010

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WL3755654, at *4 (N.D. Cal. Sept. 24, 2010).

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Here, Exhibits C, E and G contain Alexander’s sensitive health information, including his dental

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records, medical kites, physician’s orders, medication logs and progress notes. Balancing the need for

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the public’s access to information about Alexander’s medical history, treatment, and condition against

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the need to maintain the confidentiality of Alexander’s medical records, weighs in favor of sealing these

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Exhibits. Accordingly, Defendants Motion for Leave to File Exhibits Under Seal in Support of

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Defendants’ Motion for Summary Judgment (Doc. # 57) is GRANTED.

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IT IS SO ORDERED.
DATED: November 8, 2012.

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WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE

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