Burr v. Clark County

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 CHRISTOPHER BURR, individually and Case No. 2:20-cv-001101-JCM-EJY as adoptive parent and legal guardian of 5 L.B., a minor; and SUAN HOY guardian ad litem for L.B., a minor, ORDER 6 Plaintiff, 7 v. 8 CLARK COUNTY DEPARTMENT OF 9 FAMILY SERVICES; COUNTY OF CLARK, a political subdivision of the State of 10 Nevada; HEATHER MUMMEY, individually and in her official capacity; TIM BURCH, 11 individually and in his official capacity; ROE CLARK COUNTY DEPARTMENT OF 12 FAMILY SERVICES EMPLOYEES I through X, individually and in their official 13 capacities; JONEL KAYE REPOLLO QUERRER, individually; DOES I through 14 XX; and ROE CORPORATIONS I through XX, inclusive, 15 Defendants. 16 17 Pending before the Court is Defendants’ Clark County and Heather Mummey’s Motion for 18 Leave to File Exhibits Under Seal in Support of Motion to Compel L.B.’s Psychological and 19 Neuropsychological Examination. ECF No. 36. No opposition to this Motion was filed. 20 “Historically, courts have recognized a general right to inspect and copy public records and 21 documents, including judicial records and documents.” Kamakana v. City and County of Honolulu, 22 447 F.3d 1172, 1178 (9th Cir. 2006) (internal quotation marks and citation omitted). As the party 23 seeking to seal a judicial record, Defendants must meet their burden of overcoming the strong 24 presumption in favor of access and public policies favoring disclosure. Id. at 1178-79 (holding that 25 those who seek to maintain the secrecy of documents attached to non-dispositive motions must 26 demonstrate “good cause” supporting secrecy). Here, the records at issue are medical and highly 27 personal to L.B. They are records traditionally protected under HIPAA and disclosed pursuant to 1 the Protective Order in this Case. The Court finds good cause for sealing the exhibits Defendants 2 attach to their Motion to Compel. 3 Accordingly, IT IS HEREBY ORDERED that Defendants’ Clark County and Heather 4 Mummey’s Motion for Leave to File Exhibits Under Seal in Support of Motion to Compel L.B.’s 5 Psychological and Neuropsychological Examination (ECF No. 36) is GRANTED. 6 IT IS FURTHER ORDERED that Exhibits A, C, D, E, F, G, H, I, J, and O are and shall 7 remain sealed. 8 Dated this 27th day of April, 2022. 9

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