Robert A. Slovak vs Golf Course Villas Homeowners Association, et al

Filing 413

ORDER granting 383 Motion to Seal. Signed by Magistrate Judge Carla Baldwin on 12/3/2021. (Copies have been distributed pursuant to the NEF - DN)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT A. SLOVAK,

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Plaintiff,

Case No. 3:13-CV-0569-MMD-CLB
ORDER GRANTING MOTION TO SEAL

v.

[ECF No. 383]

GOLF COURSE VILLAS
HOMEOWNERS’ ASSOCIATION, et al.,
Defendants.

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Before the Court is Plaintiff Robert A. Slovak’s (“Slovak”), motion for leave to file

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records under seal. (ECF No. 383.) The documents contain medical information and

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records of Slovak, his counsel, and an expert witness. (Id.)

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“The courts of this country recognize a general right to inspect and copy public

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records and documents, including judicial records and documents.” Courthouse News

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Serv. v. Planet, 947 F.3d 581, 591 (9th Cir. 2020) (quoting Courthouse News Serv. v.

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Brown, 908 F.3d 1063, 1069 (7th Cir. 2018)). Certain documents are exceptions to this

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right and are generally kept secret for policy reasons, including grand jury transcripts and

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warrant materials in a pre-indictment investigation. United States v. Bus. of Custer

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Battlefield Museum & Store Located at Interstate 90, Exit 514, S. of Billings, Mont., 658

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F.3d 1188, 1192 (9th Cir. 2011) (quoting Kamakana v. City & Cnty. of Honolulu, 447 F.3d

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1172, 1178 (9th Cir. 2006)).

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If a party seeks to file a document under seal, there are two possible standards the

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party must address: the compelling reasons standard or the good cause standard. See

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-97 (9th Cir. 2016). The

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choice between the two standards depends on whether the documents proposed for

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sealing accompany a motion that is “more than tangentially related” to the merits of the

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case. Id. at 1099. If it is more than tangentially related, the compelling reasons standard

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applies. If not, the good cause standard applies. Ctr. for Auto Safety, 809 F.3d at 1102.

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Here, Slovak seeks to file documents under seal, which he claims contain

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supplemental individually identifiable health information. His motion to seal and medical

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records do not accompany a separate motion thus, they are not “more than tangentially

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related” to the merits of the case. However, it appears Slovak is merely supplementing

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the medical records he already filed under seal with the Court. (See ECF Nos. 340, 341.)

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Further, the referenced documents contain the sensitive health information of three

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individuals. (ECF No. 383.)

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Balancing the need for the public’s access to information related to the medical

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history, treatment, and condition of the three individuals mentioned, against the need to

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maintain the confidentiality of the individual’s medical information, weighs in favor of

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sealing these documents. For good cause appearing, the motion to seal, (ECF No. 383),

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is GRANTED.

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IT IS SO ORDERED.

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December 3, 2021
DATED: _____________________

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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