Parmer v. Washington Department of Corrections et al

Filing 50

ORDER denying 46 Motion to Seal signed by Judge Karen L Strombom. The Clerk shall unseal the documents at ECF Nos. 47 and 48.(MET) cc: plaintiff

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ANTWOINE DE’SEAN PARMER,
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Plaintiff,

No. C11-5390 RBL/KLS

v.
WASHINGTON DEPARTMENT OF
CORRECTIONS, JOHN and JANE DOE,
DR. NAVARRO, and DR. CUAYCONG,

ORDER DENYING MOTION TO SEAL
DOCUMENTS

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Defendants.

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Before the Court is Plaintiff’s Motion to Seal. ECF No. 46. Plaintiff asks that the Court

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seal “portions of depositions” of Dr. Navarro and Dr. Cuaygong. Id. The documents in question

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are filed at ECF Nos. 47 and 48 and were temporarily placed under seal pending the Court’s

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consideration of Plaintiff’s motion. The motion will be denied.

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DISCUSSION

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Under Local Civil Rule CR 5(g)(1), there is a “strong presumption of public access to the

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court’s files and records which may be overcome only on a compelling showing that the public’s

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right of access is outweighed by the interests of the public and the parties in protecting files,

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records, or documents from public review.” Plaintiff makes no such showing. Simply because

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the excerpts are purportedly from the depositions of doctors does not justify sealing them from

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public view.

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In addition, the excerpts submitted by Plaintiff were not prepared by a licensed court
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reporter and do not comply with Fed. R. Civ. P. 30(f)((1) which requires that the officer who

ORDER GRANTING MOTIONS TO SEAL- 1

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conducted the deposition certify in writing that the witness was duly sworn and that the

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deposition accurately records the witness’s testimony. The excerpts appear to be unofficial

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transcriptions that Plaintiff apparently prepared himself.

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There is no compelling showing that this material should be sealed. Accordingly, it is

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ORDERED:
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(1)

Plaintiff’s motion to seal (ECF No. 46) is DENIED.

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(2)

The Clerk shall unseal the documents at ECF Nos. 47 and 48.

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(3)

The Clerk of Court is directed to send a copy of this Order to Plaintiff and to

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counsel for Defendants.

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DATED this 6th day of November, 2012.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER GRANTING MOTIONS TO SEAL- 2