B. v. Premera Blue Cross et al

Filing 41

ORDER granting Defendants' 36 Motion to Seal. Signed by U.S. District Judge John C Coughenour. (TH)

THE HONORABLE JOHN C. COUGHENOUR

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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PETER B., individually and as guardian
of M.B., a minor,

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Plaintiff,

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v.

CASE NO. C16-1904-JCC
ORDER GRANTING
DEFENDANTS’ MOTION TO
SEAL

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PREMERA BLUE CROSS, et al.,
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Defendants.

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This matter comes before the Court on Defendants’ unopposed motion to seal (Dkt. No.

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36). Having thoroughly considered the parties’ briefing and the relevant record, and finding oral
argument unnecessary, the Court hereby GRANTS the motion (Dkt. No. 36) for the reasons
explained herein.

I.

BACKGROUND
Included with Defendants’ motion for summary judgment (Dkt. No. 37) is a declaration

from Gwendolyn Payton (Dkt. No. 38). The declaration contains a number of exhibits (Dkt. Nos.
38-1, 39-1, 39-2, 39-3). Exhibit 1 is the Administrative Services Agreement between Microsoft
and Premera Blue Cross (Dkt. No. 39-1). Exhibits 3, 6, 7, 8, 9, and 10 are records purported to
describe the medical condition of a minor, M.B. (Dkt. Nos. 39-2, 39-3). Defendant moves that
these exhibits be entered under seal. (Dkt. No. 36.). Plaintiff does not oppose this motion.
ORDER GRANTING DEFENDANTS’ MOTION
TO SEAL
C16-1904-JCC
PAGE - 1

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II.

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DISCUSSION
“Historically, courts have recognized a ‘general right to inspect and copy public records

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and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of

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Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435

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U.S. 589, 597 (1978)). But that right may be overcome, even in the case of dispositive motions

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such as Defendants’ current motion for summary judgment (Dkt. No. 37), if there are

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“compelling reasons” for keeping documents included in the motion secret, so long as those

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reasons “outweigh the public’s interest in disclosure.” Id. at 1178-79.

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The Court has reviewed the records at issue and concludes good cause exists to grant

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Defendants’ motion to seal. Exhibit 1 represents confidential and proprietary information and

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trade secrets, as well as information about the cost and manner of third-party administrative

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services provided by Premera Blue Cross to Microsoft. Disclosure could create anticompetitive

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harm. Exhibits 3 and 6–10 represent records protected under the Health Insurance Portability and

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Accountability Act of 1996. Confidentiality concerns outweigh the presumption of the public’s

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access to such records.

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III.

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CONCLUSION
For the foregoing reasons, Defendants’ motion to seal (Dkt. No. 36) is GRANTED. The

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Clerk is DIRECTED to maintain under seal Exhibits 1, 3, 6–10 of Ms. Payton’s declaration (Dkt.

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Nos. 39-2, 39-3).

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DATED this 19th day of September 2017.

A

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John C. Coughenour
UNITED STATES DISTRICT JUDGE

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ORDER GRANTING DEFENDANTS’ MOTION
TO SEAL
C16-1904-JCC
PAGE - 2