Manley v. State of Nevada et al

Filing 282

ORDER granting 252 Motion to File Exhibit C1 Under Seal. Signed by Magistrate Judge William G. Cobb on 12/22/2014. (Copies have been distributed pursuant to the NEF - KR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CHARLES MANLEY,

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3:11-cv-00636-RCJ-MMD
Plaintiff,

ORDER

v.
ALAN ZIMMER, et. al.,

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Defendants.

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Before the court is Plaintiff's Motion to Submit Exhibit C1 Under Seal. (Doc. # 252.)1

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Exhibit C1 contains Plaintiff's medical records, which he wants to submit under seal in

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support of his cross-motion for summary judgment and opposition to Defendants' motion for

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summary judgment.

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

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

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (internal quotation marks and citation omitted).

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“‘Throughout our history, the open courtroom has been a fundamental feature of the American

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judicial system. Basic principles have emerged to guide judicial discretion respecting public

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access to judicial proceedings. These principles apply as well to the determination of whether to

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permit access to information contained in court documents because court records often provide

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important, sometimes the only, bases or explanations for a court’s decision.’” Oliner v.

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Kontrabecki, 745 F.3d 1024, 1025(9th Cir. Mar. 20, 2014) (quoting Brown & Williamson

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Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1177 (6th Cir. 1983)).

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Documents that have been traditionally kept secret, including grand jury transcripts and

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warrant materials in a pre-indictment investigation, come within an exception to the general right

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Refers to court's docket number.

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of public access. See Kamakana, 447 F.3d at 1178. Otherwise, “a strong presumption in favor of

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access is the starting point.” Id. (internal quotation marks and citation omitted).

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

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a dispositive motion, must meet the “compelling reasons” standard outlined in Kamakana. Thus,

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

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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

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including “the public interest in understanding the judicial process and whether disclosure of the

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material could result in improper use of the material for scandalous or libelous purposes or

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infringement upon trade secrets.” Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 679 n. 6 (9th

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Cir. 2010) (internal quotation marks and citation omitted). While the decision to grant or deny a

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motion to seal is within the trial court’s discretion, the trial court must articulate its reasoning in

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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

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“compelling reason,” for sealing records. See, e.g., San Ramon Regional Med. Ctr., Inc. v.

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

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

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WL 267483, at *1-2 (D.HI. June 25, 2010); Wilkins v. Ahern, 2010 WL3755654 (N.D. Cal.

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Sept. 24, 2010); Lombardi v. TriWest Healthcare Alliance Corp., 2009 WL 1212170, at * 1

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(D.Ariz. May 4, 2009).

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Here, Exhibit C1 contains Plaintiff’s sensitive health information, medical history, and

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treatment records. Balancing the need for the public’s access to information regarding Plaintiff’s

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medical history, treatment, and condition against the need to maintain the confidentiality of

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Plaintiff’s medical records weighs in favor of sealing these exhibits. Therefore, the motion to

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file Exhibit C1 (Doc. # 252) under seal is GRANTED.

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IT IS SO ORDERED.

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DATED: December 22, 2014.

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WILLIAM G. COBB
UNITED STATES MAGISTRATE JUDGE
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