Southern v. WakeMed

Filing 34

ORDER granting 16 Motion to Seal Seal 18 PROPOSED SEALED Exhibit C, 15 PROPOSED SEALED Exhibit D regarding 13 Memorandum in Support of MOTION to Dismiss - Signed by District Judge Louise Wood Flanagan on 04/06/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
Civil Action No. 5:15-cv-35-FL
M.P. SOUTHERN, On behalf of himself
and all others similarly situated,
Plaintiff,
vs.
WAKEMED
Defendant.

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ORDER ALLOWING
DEFENDANT’S MOTION FOR
LEAVE TO FILE UNDER SEAL
EXHIBITS C AND D TO
DEFENDANT’S BRIEF IN SUPPORT
OF MOTION TO DISMISS

6th
April
This the _____ day of ________________________________, 2015, Defendant’s
Motion for Leave to File Under Seal Exhibits C and D to Defendant’s Brief in Support of Motion
to Dismiss, which was filed with the consent of Plaintiff, is GRANTED and the following
materials SHALL BE FILED UNDER SEAL: (1) the Hospital Participation Agreement, attached
as Exhibit C to Defendant’s Brief in Support of Motion to Dismiss, and (2) the general consent,
attached as Exhibit D to Defendant’s Brief in Support of Motion to Dismiss.
The Court further finds that:
1.

All parties consent to the Defendant’s Motion;

2.

In the state court litigation preceding removal to this court, the parties agreed

upon and the court entered a Consent Protective Order whereby materials designated
“confidential” would be afforded protection from public disclosure;
3.

The materials proposed to be sealed contain material designated as “confidential”

in the state court litigation, including a confidential commercial contract between Defendant and
a non-party to this litigation and a document containing 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 Hospital Participation

Agreement, despite the competing interests of the public, because the publication of the
confidential commercial information would be harmful to the business interests and competitive
standing of a party and a non-party, and no alternative to sealing is adequate;
4.

The nature and quality of such material justifies sealing the general consent,

despite the competing interests of the public, because the information is protected from
disclosure by federal and state law, and no alternative to sealing is adequate; and
5.

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 Exhibits C and D to Defendant’s Brief in Support of
Motion to Dismiss may be filed under seal and shall remain sealed until otherwise ordered by
this Court.
6th
April
SO ORDERED, this the ___ day of _____________________, 2015.

____________________________________
LOUISE W. FLANAGAN
United States District Court Judge

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