Jenkins v. The Moses H. Cone Memorial Health Services Corporation, et al

Filing 47

ORDER granting 36 Motion to Seal 35 PROPOSED SEALED Affidavit of Mike Simms and its attached Exhibits A, B, and C - Signed by District Judge Louise Wood Flanagan on 04/22/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CIVIL NO: 5:15-cv-34-FL
CHRISTOPHER JENKINS,
On behalf of himself and all others
similarly situated,
Plaintiff,
vs.
THE MOSES H. CONE MEMORIAL
HEALTH SERVICES CORPORATION;
THE MOSES H. CONE MEMORIAL
HOSPITAL, INCORPORATED; THE
MOSES H. CONE MEMORIAL
HOSPITAL; THE MOSES H. CONE
MEMORIAL HOSPITAL OPERATING
CORPORATION; AVECTUS
HEALTHCARE SOLUTIONS, LLC
Defendants.

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ORDER ON
CONE DEFENDANTS’ MOTION FOR
LEAVE TO FILE UNDER SEAL SIMMS
AFFIDAVIT AND ATTACHED
EXHIBITS

22nd
April
This the _____ day of ________________________________, 2015, Cone Defendants’
Motion for Leave to File Under Seal Simms Affidavit and Attached Exhibits filed in support of
Defendants’ Memorandum in Opposition to Plaintiff’s Motion to Remand, which was filed with
the consent of all other parties, is GRANTED and the following materials SHALL BE FILED
UNDER SEAL: the Affidavit of Mike Simms and Exhibits A, B, and C attached thereto.
The Court further finds that:
1.

All parties consent to the Defendants’ Motion;

2.

The materials proposed to be sealed include protected health information under

the Health Insurance Portability and Accountability Act ("HIPAA") as codified in 45 CFR §
164.501 et seq.;

3.

The nature and quality of such material justifies sealing the proposed sealed

documents, because the information is protected from disclosure by federal law, and no
alternative to sealing is adequate;
4.

Additionally, the proposed sealed Exhibits B and C, attached to the affidavit,

contain information retrieved from a confidential and proprietary database of a non-party to this
litigation;
5.

The nature and quality of such material justifies sealing the proposed sealed

documents, despite the competing interests of the public, because the publication of confidential
health information of Plaintiff potentially would harm Plaintiff and publication of confidential
commercial information could be harmful to the business interests and competitive standing of a
non-party, and no alternative to sealing is adequate;
6.

The parties’ interests in maintaining the confidentiality of these documents and

information override any constitutional or common law right of public access which may attach
to the documents and/or information at issue.
THEREFORE, it is ORDERED that the Affidavit of Mike Simms and its attached
Exhibits A, B, and C may be filed under seal and shall remain sealed until otherwise ordered by
this Court.
SO ORDERED, this the 22ndday of _____________________, 2015.
___
April
____________________________________
LOUISE W. FLANAGAN
United States District Court Judge

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