Hays v. Park City School District et al

Filing 86

MEMORANDUM DECISION AND ORDER granting in part and denying in part 81 Motion to file Motion for Summary Judgment Under Seal; granting in part and denying in part 83 Motion to Seal 78 MOTION for Summary Judgment. Signed by Magistrate Judge Evelyn J. Furse on 3/1/16 (alt)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF UTAH, CENTRAL DIVISION

HILARY BERTAGNOLE HAYS, an
individual,
Plaintiff,
vs.
PARK CITY SCHOOL DISTRICT, a political
subdivision of the State of Utah, DR. EMBER
CONLEY, an individual, and RAY
TIMOTHY, an individual,
Defendants.

MEMORANDUM DECISION AND
ORDER GRANTING IN PART
DENYING IN PART PLAINTIFF’S
AND DEFENDANT’S MOTIONS TO
SEAL (ECF NOS. 81, 83) THE
SUMMARY JUDGMENT, WITH
SUPPORTING MEMORANDUM AND
EXHIBITS

Case No. 2:13-cv-01134-JNP-EJF
Judge Jill Parrish
Magistrate Evelyn J. Furse

This Court looks to Deseret News Publishing Co. v. Salt Lake County, 2008 UT 26, 182
P.3d 372, in deciding this motion. While GRAMA does provide protection for employee
records, the public interest in the conduct of public employees engaged in a lawsuit regarding
performance of public duties outweighs the individual interests in preserving personal privacy.
Deseret News, 2008 UT 26, ¶¶ 47–52. The Court finds the students’ interests in preserving their
personal privacy outweigh the public interest in knowing their specific identities.
Based on the motions of Plaintiff Hilary Bertagnole Hays and Defendant Park City
School District pursuant to DUCiv R 5-2, and good cause appearing,
THE COURT HEREBY ORDERS as follows:
1.

That Plaintiff’s Motion for Summary Judgment, with supporting memorandum of

law and exhibits, be and hereby are sealed.

2.

That Plaintiff refile a redacted version of the Motion for Summary Judgment, with

supporting memorandum of law and exhibits, redacting only the names and any personal
identifiers of all students.
3.

That Defendant’s Motion for Summary Judgment, with supporting memorandum

of law and exhibits, be and hereby are sealed.
4.

That Defendant refile a redacted version of the Motion for Summary Judgment,

with supporting memorandum of law and exhibits, redacting only the names and any personal
identifiers of all students.
DATED this 1st day of March, 2016.
BY THE COURT:

_______________________________________
EVELYN J. FURSE
United States Magistrate Judge

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