S.P.A. v. United States of America et al

Filing 33

ORDER denying 29 Motion to Seal by Judge Benjamin H Settle.(TG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 S.P.A.,
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Plaintiff,

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v.

11 UNITED STATES OF AMERICA, et al.,
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CASE NO. C12-5887 BHS
ORDER DENYING
DEFENDANTS’ MOTION TO
FILE THIRD PARTY MEDICAL
RECORDS UNDER SEAL

Defendants.

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This matter comes before the Court on Defendants’ motion to file medical records

15 under seal (Dkt. 29). The Court has considered the pleadings filed in support of and in
16 opposition to the motion and the remainder of the file and hereby denies the motion for
17 the reasons stated herein.
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On June 16, 2013, Defendants filed the instant motion requesting that Plaintiff’s

19 mother’s medical records be filed under seal. Dkt. 31–1. On June 26, 2013, Plaintiff
20 responded and opposed a “blanket order sealing all of her mother’s health care
21 information . . . .” Dkt. 32. On this point, the Court agrees with Plaintiff because blanket
22 orders to seal are disfavored. Although medical records contain information that would

ORDER - 1

1 most likely meet the burden for filing under seal, the Court is unable to issue such an
2 order without having the specific documents to evaluate. Moreover, Plaintiff claims that
3 some of the medical history has already been made public during prior court proceedings
4 and sealing in this Court would not be justified. Dkt. 32 at 3. Therefore, the Court
5 DENIES Defendants’ motion for a blanket order to seal the medical records in question.
6 Nothing in this order precludes Defendants from requesting that, upon a proper showing,
7 specific documents be filed under seal.
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Dated this 9th day of July, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2