Bai v. Johnson

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 XIAO YE BAI, Case No. 2:20-cv-02192-GMN-EJY

5 Plaintiff, ORDER 6 v.

7 CALVIN JOHNSON, et al.,

8 Defendants.

9 10 Pending before the Court is Defendants’ Motion for Leave to File Exhibit A to Defendants 11 Response in Opposition to Plaintiff’s Motion for Emergency Supplemental Injunctions (ECF No. 12 57) Under Seal. ECF No. 64. Through the Motion, Defendants seek to seal Plaintiff’s medical 13 record that “include diagnoses, treatment plans, and other communications related to Plaintiff’s 14 medical condition.” Defendants seek to protect Plaintiff’s privacy and maintain the confidentiality 15 of his medical records. 16 Years ago, the Ninth Circuit established a strong presumption of public access to judicial 17 records. Kamakana v. City of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006); Foltz v. State Farm 18 Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). A party seeking to file documents under 19 seal bears the burden of overcoming that presumption. Pintos v. Pac. Creditors Ass’n, 605 F.3d 665, 20 678 (9th Cir. 2010) (quoting Kamakana, 447 F.3d at 1178). To overcome the presumption when a 21 dispositive motion is at issue, the moving party must demonstrate a compelling reasons that supports 22 maintaining the secret nature of the documents. Kamakana, 447 F.3d at 1180. The compelling 23 reasons must outweigh the public's interest in having access to the judicial records and in 24 understanding the judicial process. Id. at 1178-79. Medical privacy has qualified as a “compelling 25 reason,” for sealing records. San Ramon Regional Med. Ctr., Inc. v. Principal Life Ins. Co., 2011 26 WL89931, at *n. 1 (N.D. Cal. Jan. 10, 2011); Abbey v. Hawaii Employers Mut. Ins. Co., 2010 27 WL4715793, at *1-2 (D. HI. Nov. 15, 2010). 1 Here, Defendants establish a compelling reason to seal Exhibit A to Response in Opposition 2 to Plaintiff’s Motion for Emergency Supplemental Injunctions (ECF No. 57). There is no reason for 3 Plaintiff’s medical records to be accessible to the public at large. 4 Accordingly, IT IS HEREBY ORDERED that Defendants’ Motion for Leave to File Exhibit 5 A to Defendants Response in Opposition to Plaintiff’s Motion for Emergency Supplemental 6 Injunctions (ECF No. 57) Under Seal, ECF No. 64, is GRANTED. 7 Dated this 29th day of April, 2022.

10 ELAYNA J. YOUCHAH UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27