Clayborne v. Zerbst et al

Filing 48

ORDER signed by Magistrate Judge Nancy Joseph on 6/5/2024. IT IS HEREBY THEREFORE ORDERED that the defendants' motion to seal (ECF No. 40 ) 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-145

NURSE ZERBST 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. 40.) “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 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. 40) 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
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CY JOSEPH
JO
OSEPH
SEP
SE
PH
H
United States Magistrate Judge

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