Clayborne v. Godiwalla et al
Filing
49
ORDER signed by Magistrate Judge Nancy Joseph on 6/5/2024. IT IS HEREBY THEREFORE ORDERED that the defendants' motion to seal (ECF No. 42 ) is GRANTED in part and DENIED in part. Instead of sealing the exhibits, the court will restrict them as described above. (cc: all counsel and mailed to pro se party)(rcm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JACK A. CLAYBORNE,
Plaintiff,
v.
Case No. 22-cv-95
DOCTOR GODIWALLA, et al.,
Defendants.
ORDER
On April 18, 2024, the defendants filed a motion to seal the medical records of
pro se plaintiff Jack A. Clayborne, which they submitted in support of their motion
for summary judgment. (ECF No. 42.) “Documents that affect the disposition of
federal litigation are presumptively open to public view, even if the litigants strong
prefer secrecy, unless a statute, rule, or privilege justifies confidentiality.” In re
Specht, 622 F.3d 697, 701 (7th Cir. 2010). In the case of medical records, there needs
to be good cause to restrict the medical records. Bond v. Utreras, 585 F.3d 1061, 1074
(7th Cir. 2009). Restricting the medical records is appropriate where “a plaintiff’s
interest in privacy outweighs the probative value of the information contained in the
records.” Mathhews v. Waukesha Cty, 2012 WL 695669 at *12 (E.D. Wis. March 1,
2012) (citing Doe v. Oberweis Dairy, 456 F.3d 704, 718 (7th Cir. 2006)).
The exhibits, which are over 400 pages, contain a lot of personally identifiable
information, such as Clayborne’s date of birth. This information justifies protection.
However, instead of sealing the documents, the court will simply restrict them,
limiting their access only to the parties and appropriate court staff.
IT IS HEREBY THEREFORE ORDERED that the defendants’ motion to
seal (ECF No. 42) is GRANTED in part and DENIED in part. Instead of sealing
the exhibits, the court will restrict them as described above.
Dated at Milwaukee, Wisconsin this 5th day of June, 2024.
BY
COURT:
BY THE COURT
T:
_____________________________
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NANCY
NANC
NC
N
CY JOSEPH
JO
OSE
SEP
PH
H
United States Magistrate Judge
2
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