Orellana v. Aranas et al.

Filing 45

Order GRANTING ECF No. 40 Motion for leave to file medical records under seal. Signed by Magistrate Judge Carla Baldwin on 8/2/2022. (Copies have been distributed pursuant to the NEF - HL)

Case 3:20-cv-00041-CLB Document 45 Filed 08/02/22 Page 1 of 2

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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MANUEL D. ORELLANA,

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Plaintiff,

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Case No. 3:20-CV-00041-CLB
ORDER GRANTING MOTION TO SEAL

v.

[ECF No. 40]

ROMEO ARANAS, et al.,
Defendants.

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Before the Court is Defendants’ motion for leave to file medical records under seal
in support of motion for summary judgment. (ECF No. 40.)

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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, Defendants seek to file exhibits under seal in connection with the motion for

Case 3:20-cv-00041-CLB Document 45 Filed 08/02/22 Page 2 of 2

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summary judgment, which are “more than tangentially related” to the merits of a case.

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Therefore, the compelling reasons standard applies.

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Under the compelling reasons standard, “a court may seal records only when it

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finds ‘a compelling reason and articulate[s] the factual basis for its ruling, without relying

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on hypothesis or conjecture.’” United States v. Carpenter, 923 F.3d 1172, 1179 (9th Cir.

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2019) (quoting Ctr. for Auto Safety, 809 F.3d at 1096-97) (alteration in original). Finding

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a compelling reason is “best left to the sound discretion” of the court. Ctr. for Auto Safety,

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809 F.3d at 1097 (quoting Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 599 (1978)).

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This Court, and others within the Ninth Circuit, have recognized that the need to

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protect medical privacy qualifies as a “compelling reason” for sealing records, since

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medical records contain sensitive and private information about a person’s health. See,

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e.g., Spahr v. Med. Dir. Ely State Prison, No. 3:19-CV-0267-MMD-CLB, 2020 WL 137459,

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at *2 (D. Nev. Jan. 10, 2020); Sapp v. Ada Cnty. Med. Dep’t, No. 1:15-CV-00594-BLW,

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2018 WL 3613978, at *6 (D. Idaho July 27, 2018); Karpenski v. Am. Gen. Life Companies,

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LLC, No. 2:12-CV-01569RSM, 2013 WL 5588312, at *1 (W.D. Wash. Oct. 9, 2013). While

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certain aspects of a party’s medical condition may be at issue in certain types of actions,

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that does not mean that all medical records filed in connection with a motion (which often

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contain unrelated medical information) must be broadcast to the public. In other words,

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the party’s interest in keeping sensitive health information confidential outweighs the

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public’s need for direct access to the medical records.

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Here, the referenced exhibits contain Plaintiff’s sensitive health information,

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medical history, and treatment records. Balancing the need for the public’s access to

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information regarding these medical history, treatment, and condition against the need to

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maintain the confidentiality of these medical records weighs in favor of sealing these

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exhibits. Therefore, Defendants’ motion to seal is GRANTED. (ECF No. 40.)

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August 2, 2022
DATED: _____________________

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____________________________________
UNITED STATES MAGISTRATE JUDGE

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