Everett v. Holiday Stationstores

D. Montana

Everett v. Holiday Stationstores

DecidedJune 9, 2022

Docket9:21-cv-00113

StatusUnknown

This text of Everett v. Holiday Stationstores (Everett v. Holiday Stationstores) is published on Counsel Stack Legal Research, covering District Court, D. Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Everett v. Holiday Stationstores, (D. Mont. 2022).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

SAVANNA EVERETT, CV 21–113–M–DWM

Plaintiff,

vs. ORDER

HOLIDAY STATIONSTORES,

Defendant.

Defendant filed an unopposed motion for leave to file attachments to its statement of undisputed facts under seal pursuant to D. Mont. L.R. 5.2. (Docs. 30, 31.) Given the “volume and nature of the personal and private health information” in the lodged attachment, redaction would border on impossible and leave little information of value in the public docket. While there exists “a strong presumption in favor of access to court records,” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003), when there is an articulable “compelling reason” to seal records, certain records may be kept under seal, Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1096–97 (9th Cir. 2016). “Courts have repeatedly concluded that the need to keep personal health information confidential outweighs the presumption in favor of public access to court records.” Cal. Spine & Neurosurgery Inst. v. United Healthcare Ins. Co., 2021 WL 1146216, at *3 (N.D. Cal. Feb. 12, 2021) (collecting cases). Accordingly, IT IS ORDERED that Defendant’s motion for leave to file attachments to its undisputed statement of facts, (Doc. 30), is GRANTED. The lodged documents, (Doc. 31), shall be deemed filed and remain under seal. DATED this 9" day of June, 2022.

Sel Wy (MW Donald WZ Molldy, District Judge United States District Court

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA MISSOULA DIVISION

SAVANNA EVERETT, CV 21–113–M–DWM

Plaintiff,

vs. ORDER

HOLIDAY STATIONSTORES,

Defendant.

Defendant filed an unopposed motion for leave to file attachments to its statement of undisputed facts under seal pursuant to D. Mont. L.R. 5.2. (Docs. 30, 31.) Given the “volume and nature of the personal and private health information” in the lodged attachment, redaction would border on impossible and leave little information of value in the public docket. While there exists “a strong presumption in favor of access to court records,” Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003), when there is an articulable “compelling reason” to seal records, certain records may be kept under seal, Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1096–97 (9th Cir. 2016). “Courts have repeatedly concluded that the need to keep personal health information confidential outweighs the presumption in favor of public access to court records.” Cal. Spine & Neurosurgery Inst. v. United Healthcare Ins. Co., 2021 WL 1146216, at *3 (N.D. Cal. Feb. 12, 2021) (collecting cases). Accordingly, IT IS ORDERED that Defendant’s motion for leave to file attachments to its undisputed statement of facts, (Doc. 30), is GRANTED. The lodged documents, (Doc. 31), shall be deemed filed and remain under seal. DATED this 9" day of June, 2022.

Sel Wy (MW Donald WZ Molldy, District Judge United States District Court

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Debbie Foltz, Consumer Action United Policyholders Texas Watch, Intervenors, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants. v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, and Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and California Institute of Medical Research & Technology, Inc., a Foreign Corporation Dba Comprehensive Medical Review Ralph Householder Steven Becker v. April Jean Ho Jim Mathis, Plaintiffs-Intervenors. Debbie Foltz, April J. Ho Jim Mathis Tierney Adamson Kevin Snead Daniel P. Johnson, Intervenors, and Consumer Action United Policy-Holders Texas Watch, Intervenors-Appellants v. State Farm Mutual Automobile Insurance Company, an Illinois Corporation, and Steven Becker

331 F.3d 1122 (Ninth Circuit, 2003)

Center for Auto Safety v. Chrysler Group, LLC

809 F.3d 1092 (Ninth Circuit, 2016)

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