Patel v. Aetna, et al

Filing 36

ORDER denying as moot 34 Motion to File Document Under Seal; granting 35 Amended Motion to File Document Under Seal. Signed by Magistrate Judge Kimberly A. Jolson on 3/30/2018. (ew)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
GRETCHEN PATEL,
Plaintiff,
v.

Civil Action 2:17-cv-78
Judge Michael H. Watson
Magistrate Judge Jolson

AETNA, et al.,
Defendants.
ORDER
On March 28, 2018, Defendant Aetna Life Insurance Company filed a Motion for Leave
to File Exhibits Containing Protected Health Information under Seal (Doc. 34), and an Amended
Motion for Leave to File Exhibits Containing Protected Health Information under Seal (Doc. 35).
In light of filing of the Amended Motion, the original Motion is DENIED as MOOT. (Doc. 34).
In the Amended Motion, Defendant requests to leave to file a limited number of
documents under seal. (See Doc. 35). These documents consist of seven completed Health
Insurance Claim Form 1500s, also known as the “HCFA 1500” or “CMS 1500,” that contain
Plaintiff’s mother’s protected health information. (Id. at 1). The forms contain information
protected by HIPAA, including Plaintiff’s mother’s diagnoses, providers, prescriptions, date of
birth, and other personal health information. (Id. at 2). Additionally, Defendant states that
“Plaintiff’s mother is an innocent third party to this action and had no involvement in Plaintiff’s
fraudulent scheme.” (Id.). Defendant has submitted the relevant documents to the Undersigned
for review and has attempted to meet and confer with Plaintiff concerning the Amended Motion.

Upon review, the Court finds that Defendant’s explanation both “demonstrates a
compelling reason for filing under seal” and “meets the demanding requirements for a seal.”
Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 308 (6th Cir. 2016); Blasi v.
United Debt Servs., LLC, No. 2:14-CV-83, 2016 WL 3765539, at *1 (S.D. Ohio July 14, 2016).
Thus, Defendant’s Amended Motion for Leave to File Exhibits Containing Protected Health
Information under Seal is GRANTED. (Doc. 35).
IT IS SO ORDERED.
Date: March 30, 2018

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE