1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 JESSE HERNANDEZ, et al., Case No. 13-cv-02354-BLF
9 Plaintiffs, ORDER RE ADMISNISTRATIVE 10 v. MOTIONS TO FILE UNDER SEAL
11 COUNTY OF MONTEREY, et al., [Re: ECF 776, 787, 793] 12 Defendants.
13 14
15 16 Plaintiffs filed this suit to obtain relief from Defendants’ alleged failure to provide inmates 17 at the Monterey County Jail (“Jail”) with adequate medical and mental health care, reasonable 18 accommodations for disabilities, and protection from violence. See Compl., ECF 1. The Court 19 thereafter approved the parties’ Settlement Agreement. See Order For Final Approval of 20 Settlement, ECF 494. Plaintiffs have filed a motion to enforce both the Settlement Agreement and 21 the Implementation Plan developed by Defendant County of Monterey (“County”) and Defendant 22 Wellpath, Inc. (“Wellpath”),1 which is set for hearing on August 24, 2023 (“Enforcement 23 Motion”). See Enforcement Mot., ECF 788. 24 This order addresses three administrative motions to seal briefing and documents filed in 25 connection with Plaintiffs’ Enforcement Motion. First, Plaintiffs have filed a motion to consider 26 whether to seal in their entirety more than thirty reports prepared by court-appointed neutral 27 1 monitors tasked with determining Defendants’ compliance with the Settlement Agreement and 2 Implementation Plan (ECF 776). Plaintiffs filed this motion based on Defendants’ assertion that 3 the neutral monitor reports should be sealed. Plaintiffs themselves oppose sealing the neutral 4 monitor reports in their entirety. However, Plaintiffs and Defendants jointly agree to the sealing 5 of limited portions of the neutral monitor reports and other documents filed in connection with 6 Plaintiffs’ Enforcement Motion. The second motion before the Court is the parties’ joint motion 7 to seal limited portions of Plaintiffs’ Enforcement Motion and supporting evidence, including 8 neutral monitor reports, to protect personal identifying information of inmates and care providers, 9 as well as certain individual custody and medical records (ECF 787). The third motion before the 10 Court is the parties’ joint motion to seal limited portions of Plaintiffs’ reply evidence to protect 11 personal identifying information of inmates and care providers, as well as certain individual 12 custody and medical records (ECF 793). 13 For the reasons discussed below, the motion to seal the neutral monitor reports in their 14 entirety is DENIED. The parties’ joint sealing motions, seeking to seal limited portions of the 15 neutral monitor reports and other documents filed in connection with Plaintiffs’ Enforcement 16 Motion, are GRANTED. 17 I. LEGAL STANDARD 18 “Historically, courts have recognized a ‘general right to inspect and copy public records 19 and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of 20 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006). Consequently, access to motions and their 21 attachments that are “more than tangentially related to the merits of a case” may be sealed only 22 upon a showing of “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 23 809 F.3d 1092, 1101–02 (9th Cir. 2006). Filings that are only tangentially related to the merits 24 may be sealed upon a lesser showing of “good cause.” Id. at 1097. 25 In this district, all parties requesting sealing also must comply with Civil Local Rule 79-5. 26 Under that rule, a party moving to seal a document in whole or in part must file a statement 27 identifying the legitimate private or public interests that warrant sealing, the injury that will result 1 5(c)(1). A supporting declaration shall be submitted if necessary. Civ. L.R. 79-5(c)(2). Finally, 2 the moving party must submit “a proposed order that is narrowly tailored to seal only the sealable 3 material[.]” Civ. L.R. 79-5(c)(3). 4 II. DISCUSSION 5 The sealing motions before the Court relate to Plaintiffs’ Enforcement Motion, in which 6 Plaintiffs ask the Court to enforce the terms of the Settlement Agreement and Implementation Plan 7 regarding Jail conditions. Because the requested enforcement goes to the heart of the relief sought 8 in this lawsuit, the Court applies the compelling reasons standard for sealing rather than the good 9 cause standard applicable to matters only tangentially related to the merits. 10 A. Motion to Consider Sealing of Neutral Monitor Reports (ECF 776) 11 Plaintiffs have filed a motion to consider whether to seal, in their entirety, more than thirty 12 reports prepared by court-appointed neutral monitors tasked with determining Defendants’ 13 compliance with the Settlement Agreement and Implementation Plan. Those reports, and other 14 documents citing to the reports, are submitted by Plaintiffs as Exhibits 1-49, 53, and 59 to the 15 Trapani Declaration and Exhibits 3-4 to the Swearingen Declaration. Plaintiffs have conditionally 16 filed those documents under seal, and have conditionally redacted their Enforcement Motion to the 17 extent it contains findings and quotations from the neutral monitor reports. In Plaintiffs’ view, the 18 neutral monitor reports should not be sealed in their entirety. Plaintiffs filed the motion to 19 consider sealing the neutral monitor reports because Defendants take the position that they are 20 confidential and should be sealed in their entirety. Where the moving party requests sealing of 21 materials that have been designated confidential by another party, the designating party has the 22 burden to establish that the materials should be sealed. See Civ. L.R. 79-5(f). 23 Defendant County has filed a response to Plaintiffs’ motion, asserting that the neutral 24 monitor reports should be sealed in their entirety for three reasons. First, the County argues that 25 the neutral monitor reports fall within the Protective Order issued in this case. The Protective 26 Order provides a mechanism whereby parties to this action may designate documents produced in 27 discovery as “confidential” under certain circumstances, such as when the documents contain 1 information protected from disclosure under state or federal law. See Protective Order, ECF 401. 2 The neutral monitor reports were not produced in discovery and therefore do not appear to fall 3 within the scope of the Protective Order. The County has not shown that it ever designated the 4 neutral monitor reports as “confidential” pursuant to the Protective Order. Even if the County had 5 done so, this Court’s Civil Local Rules expressly provide that “[r]eference to a stipulation or 6 protective order that allows a party to designate certain documents as confidential is not sufficient 7 to establish that a document, or portions thereof, are sealable.” Civ. L.R. 7-5(c). 8 Second, the County contends that the court-appointed neutral monitors understood that 9 their reports would be strictly confidential, and wanted the reports to be strictly confidential. The 10 County submits the declarations of two neutral monitors, Bruce P. Barnett, M.D. and James D. 11 Vess, Ph.D. See Barnett Decl., ECF 782-1; Vess Decl., ECF 782-2. Dr. Barnett states in his 12 declaration that it was his understanding and intent that his reports would be confidential, and that 13 understanding allowed him to be forthright in his statements. See Barnett Decl. ¶¶ 3-4. Dr. Vess 14 makes identical statements in his declaration. See Vess Decl. ¶¶ 3-5. The County has not cited, 15 and the Court has not discovered, any authority for the proposition that a court-appointed 16 monitor’s desire for confidentiality constitutes a “compelling reason” for sealing. To the contrary, 17 the Supreme Court has held that “a non-party’s reliance on a blanket protective order is 18 unreasonable and is not a ‘compelling reason’ that rebuts the presumption of access.” Kamakana, 19 447 F.3d at 1183. 20 Moreover, Plaintiffs submit Dr. Barnett’s supplemental declaration, clarifying that Dr. 21 Barnett’s confidentiality concerns regarding his monitor reports relate solely to patient descriptors, 22 the names of health care staff, and the like. See Barnett Suppl. Decl. ¶¶ 2-4, ECF 786-1. Plaintiffs 23 also submit the declarations of two other neutral monitors, Viviane G. Winthrop, D.D.S. and 24 Kerry C. Hughes, M.D. See Winthrop Decl., ECF 786-2; Hughes Decl., ECF 786-3. Doctors 25 Barnett, Winthrop, and Hughes all state that they are comfortable with their reports being filed on 26 the public docket if the Court grants the parties’ joint sealing motions regarding personal 27 identifying information of inmates and care providers, as well as certain individual custody and 1 discussed below, the Court will grant the parties’ joint sealing motions directed to limited portions 2 of the neutral monitor reports and other documents. All but one of the 33 neutral monitor reports 3 at issue was authored by Dr. Barnett, Dr. Winthrop, or Dr. Hughes. 4 Third, the County argues that sealing the neutral monitor reports to maintain their 5 confidentiality will assure a free flow of information between the parties and the neutral monitors. 6 The County points to declaration statements of Drs. Barnett and Vess indicating their belief that 7 such information flow will be impaired to the detriment of the custody operations and quality of 8 care at the Jail. See Barnett Decl. ¶ 5; Vess Decl. ¶ 6. As noted above, Dr. Barnett’s 9 Supplemental Declaration clarifies that he is concerned only with personal information of inmates 10 and care providers and that he does not object to the filing of his reports on the public docket with 11 such information redacted. Based on the views of Dr. Barnett, Dr. Winthrop, and Dr. Hughes, the 12 Court finds that filing of the neutral monitor reports on the public docket will not impair the free 13 flow of information necessary for the neutral monitors to fulfil their responsibilities. As Plaintiffs 14 point out, similar reports have been publicly filed in a number of other cases with minor 15 redactions. See Plaintiffs’ Response at 3 (collecting cases), ECF 786. 16 The motion to consider sealing the neutral monitor reports in their entirety is DENIED. As 17 discussed below, the parties have filed joint motions to seal limited portions of the neutral monitor 18 reports and other documents to protect the privacy interests of inmates and care providers, and 19 those motions will be granted by the Court. The neutral monitor reports shall be filed on the 20 public docket with only those limited redactions discussed and approved below. 21 B. Parties’ Joint Motions to Seal (ECF 787 and 793) 22 The parties have filed two joint sealing motions. The first joint sealing motion (ECF 787) 23 seeks partial sealing of Plaintiffs’ Enforcement Motion and supporting evidence, including the 24 neutral monitor reports, specifically: the supporting Declaration of Cara E. Trapani (“Trapani 25 Declaration”) and Exhibits 1-15, 18, 20-32, 34, 36, 38-45, 47, 49, 53 and 59 thereto; and the 26 supporting Declaration of Van Swearingen (“Swearingen Declaration”) and Exhibits 3-5 thereto. 27 The first joint motion also seeks to seal the entirety of Exhibits 50-52, 54-58 and 60 to the Trapani 1 Cara E. Trapani (“Reply Trapani Declaration), and sealing of Exhibits 2-4 thereto in their entirety. 2 The parties jointly request sealing of these materials on the grounds that they contain information 3 falling into four categories: (1) Jail inmates’ names, dates of birth, and booking numbers, except 4 that initials will be used to identify deceased class members; (2) the names and email addresses of 5 health care staff employed by Wellpath, who are directly involved in providing or supervising 6 patient care at the Jail; (3) all other personal contact information, including those of the court- 7 appointed neutral monitors; and (4) medical and custody records pertaining to the recent deaths of 8 three incarcerated people at the Jail, and records evaluating the circumstances of their deaths. 9 Numerous courts have found that individual privacy rights in personal identifying 10 information and health records outweigh the presumption in favor of public access to court 11 records. See, e.g., Alegre v. United States, No. 16-CV-2442-AJB-KSC, 2021 WL 4934982, at *3 12 (S.D. Cal. July 29, 2021) (sealing “private and sensitive information, including names, dates of 13 birth, and addresses”); Ortiz v. City & Cnty. of San Francisco, No. 18-CV-07727-HSG, 2020 WL 14 2793615, at *9 (N.D. Cal. May 29, 2020) (“The Court agrees that health records properly meet the 15 compelling reasons standard.”); McArdle v. AT&T Mobility LLC, No. 09-CV-1117 CW, 2018 WL 16 6803743, at *6 (N.D. Cal. Aug. 13, 2018) (sealing “documents containing sensitive personal 17 information”); Hedrick v. Grant, No. 2:76-cv-0162-GEB-EFB P, 2017 WL 550044, at *2 (E.D. 18 Cal. Feb. 10, 2017) (“Any interest the public may have in the disclosure of the sensitive and 19 private information contained in the declarations and exhibits is outweighed by class members’ 20 interests in the privacy of their medical and psychiatric records.”). 21 The Court finds that the joint sealing motions are narrowly tailored protect these privacy 22 rights while preserving public access to the majority of the documents at issue. The parties seek 23 limited redactions to Plaintiffs’ Enforcement Motion, supporting declarations, and documents 24 attached thereto, including neutral monitor reports. With respect to deceased class members, the 25 parties propose using the individuals’ initials instead of redacting their names as a whole, because 26 initials of deceased class members are available in publicly filed documents. The only documents 27 the parties seek to seal in their entirety are certain medical and custody records of deceased class 1 The Court finds that the parties have demonstrated compelling reasons for sealing the 2 materials identified in their joint motions (ECF 787 and 793), which are GRANTED. 3 Il. ORDER 4 (1) Plaintiffs’ motion to consider whether to seal the neutral monitor reports in their 5 entirety (ECF 776) is DENIED. The neutral monitor reports, and documents citing or referring to 6 || those reports, shall be filed on the public docket with only those limited redactions proposed in the 7 || parties’ joint motions and approved by the Court herein. 8 (2) The parties’ joint motions to file under seal (ECF 787 and 793) portions of 9 || Plaintiffs’ Enforcement motion and supporting evidence, including the neutral monitor reports, are 10 GRANTED. The portions of documents and documents identified in the charts at the end of this 11 order shall be sealed to protect individual privacy rights in personal identifying information and 12 || health records. 5 13 (3) Plaintiffs shall refile their Enforcement Motion, Reply, and supporting evidence on 14 || the public docket by July 28, 2023, with only the redactions and sealing permitted by this order. 3 15 (4) This order terminates ECF 776, 787, and 793. 16
= 17 Dated: July 21, 2023 18 haw lachan BETH LABSON FREEMAN 19 United States District Judge 20 21 22 23 24 25 26 27 28
2 Plaintiffs’ Enforcement Motion and Declarations 3 Dkt. Document Portion(s) to Reason(s) for Sealing No. Seal 4 N/A Plaintiffs’ Motion to Highlighted Contains information identifying Enforce the portions at 5:14- class members and confidential 5 Settlement 20; 6:3-27; medical information from 6 Agreement and 10:25-28; 11:4- documents produced pursuant to Wellpath 5; 12:9-16. the Protective Order. See ¶ 3, 7 Implementation supra. Public disclosure would 8 Plan (“Enforcement cause harm. See id. Plaintiffs Motion”) propose that initials should be 9 used instead of names for deceased individuals. See id. 10 N/A Declaration of Cara Highlighted Contains information identifying 11 E. Trapani in portions at 7:3; class members and direct Support of 8:4; 9:4-17; quotations from medical records 12 Plaintiffs’ 10:24-27; 12:12- produced pursuant to the 13 Enforcement 15; 14:7-9; 15:5- Protective Order. See id. Public Motion (“Trapani 17; 24:15-25; disclosure would cause harm. See 14 Declaration”) 28:23-26; 29:2- id. Plaintiffs propose that initials 6; 32:8; 34:9; should be used instead of names 15 38:10-27; 39:2; for deceased individuals. See id. 16 61:4-26; 62:3- 25; 63:4-26; 17 64:1-27; 65:2- 18 27; 66:5-26; 67:3. 19 N/A Declaration of Van Highlighted Contains deceased class Swearingen in portions at 3:13- member’s name. See id. Public 20 Support of Plaintiffs’ 19. disclosure would cause harm. See 21 Enforcement Motion id. Plaintiffs propose that initials (“Swearingen should be used instead of names 22 Declaration”) for deceased individuals. See id. 23 24 25 26
27 1 Exhibits to Trapani Declaration 2 3 Exh. Document Portion(s) to Seal Reason(s) for Sealing No. 4 1 1st Medical Report Highlighted Contains information 5 portions at exhibit identifying class members and pages 4, 8, 12. providers of patient care. See 6 ¶ 3, supra. Public disclosure would cause harm. See id. 7 2 2nd Medical Report Highlighted Contains information 8 portions at exhibit identifying class members and pages 3, 7, 15-19. providers of patient care. See 9 id. Public disclosure would 10 cause harm. See id. 3 3rd Medical Report Highlighted Contains information 11 portions at exhibit identifying providers of pages 8, 13. patient care. See ¶ 4, supra. 12 Public disclosure would cause 13 harm. See id. 4 4th Medical Report Highlighted Contains information 14 portions at exhibit identifying class members and 15 pages 2, 7, 11-13. providers of patient care. See ¶¶ 3-4, supra. Public 16 disclosure would cause harm. See id. 17 5 5th Medical Report Highlighted Contains information 18 portions at exhibit identifying class members and pages 3, 9-12, 14. providers of patient care. See 19 ¶ 3, supra. Public disclosure 20 would cause harm. See id. 6 6th Medical Report Highlighted Contains information 21 portions at exhibit identifying class members and pages 3, 11-12, 14- providers of patient care. See 22 18, 21. ¶¶ 3-4, supra. Public 23 disclosure would cause harm. See id. 24 7 7th Medical Report Highlighted Contains information 25 portions at exhibit identifying class members and pages 8-12, 14-16, providers of patient care. See 26 18-21. id. Public disclosure would cause harm. See id. 27 1 Exhibits to Trapani Declaration 2 Exh. Document Portion(s) to Seal Reason(s) for Sealing 3 No. 4 8 8th Medical Report Highlighted Contains information portions at exhibit identifying class members. 5 pages 5-6. See ¶ 3, supra. Public 6 disclosure would cause harm. See id. 7 9 9th Medical Report Highlighted Contains information portions at exhibit identifying class members and 8 pages 6-9, 13-22. providers of patient care. See 9 ¶¶ 3-4, supra. Public disclosure would cause harm. 10 See id. 11 10 10th Medical Highlighted Contains information Report portions at exhibit identifying class members and 12 pages 6-9, 12-16. providers of patient care. See id. Public disclosure would 13 cause harm. See id. 14 11 11th Medical Highlighted Contains information Report portions at exhibit identifying class members and 15 pages 5-9, 13-16. providers of patient care. See 16 id. Public disclosure would cause harm. See id. 17 12 12th Medical Highlighted Contains information Report portions at exhibit identifying class members. 18 pages 4-6, 12-13, See ¶ 3, supra. Public 19 15. disclosure would cause harm. See id. 20 13 13th Medical Highlighted Contains information 21 Report portions at exhibit identifying class members. pages 4-8, 13-19. See id. Public disclosure 22 would cause harm. See id. 14 1st Medical Highlighted Contains information 23 Mentoring Report portions at exhibit identifying providers of 24 pages 3-6. patient care. See ¶ 4, supra. Public disclosure would cause 25 harm. See id. 26 15 2nd Medical Highlighted Contains information Mentoring Report portions at exhibit identifying class members and 27 pages 1-5. providers of patient care. See Exhibits to Trapani Declaration 1 Exh. Document Portion(s) to Seal Reason(s) for Sealing 2 No. 3 ¶¶ 3-4, supra. Contains personal phone numbers. See 4 ¶ 5. Public disclosure would 5 cause harm. See ¶¶ 3-5. 18 1st Mental Health Highlighted Contains personal phone 6 Report portions at exhibit numbers. See ¶ 3, supra. pages 10, 23. Public disclosure would cause 7 harm. See id. 8 20 2nd Mental Health Highlighted Contains information Report portions at exhibit identifying class members and 9 pages 12, 30. providers of patient care. See 10 ¶¶ 3-4, supra. Contains personal phone numbers. See 11 ¶ 5. Public disclosure would cause harm. See ¶¶ 3-5. 12 21 2nd Mental Health Highlighted Contains information 13 Records Reviews portions at exhibit identifying class members and pages 1-6, 9-14, 17- providers of patient care. See 14 22, 25-26, 30-33, ¶¶ 3-4, supra. Public 15 36-40, 43-46, 48-50 disclosure would cause harm. See id. 16 22 3rd Mental Health Highlighted Contains information Report portions at exhibit identifying class members and 17 pages 11, 28. providers of patient care. See 18 ¶¶ 3-4, supra. Contains personal phone numbers. See 19 ¶ 5. Public disclosure would 20 cause harm. See ¶¶ 3-5. 23 3rd Mental Health Highlighted portions Contains information 21 Records Reviews at exhibit pages 1, 3- identifying providers of 4, 7, 10, patient care. See ¶ 4, supra. 22 12, 15, 16-17. Public disclosure would cause 23 harm. See id. 24 4th Mental Health Highlighted Contains information 24 Report portions at exhibit identifying providers of 25 pages 12, 30. patient care. See ¶ 4, supra. Contains personal phone 26 numbers. See ¶ 5. Public
27 Exhibits to Trapani Declaration 1 Exh. Document Portion(s) to Seal Reason(s) for Sealing 2 No. 3 disclosure would cause harm. See ¶¶ 4-5. 4 25 4th Mental Health Highlighted Contains information 5 Records Reviews portions at exhibit identifying providers of pages 4, 7, 19, 22, patient care. See ¶ 4, supra. 6 31. Public disclosure would cause harm. See id. 7 26 5th Mental Health Highlighted Contains information 8 Report portions at exhibit identifying providers of pages 15, 37. patient care. See ¶ 4, supra. 9 Contains personal phone 10 numbers. See ¶ 5. Public disclosure would cause harm. 11 See ¶¶ 4-5. 27 5th Mental Health Highlighted Contains information 12 Records Reviews portions at exhibit identifying providers of 13 pages 3-11. patient care. See ¶ 4, supra. Public disclosure would cause 14 harm. See id. 15 28 6th Mental Health Highlighted Contains information Report portions at exhibit identifying providers of 16 pages 15, 39. patient care. See ¶ 4, supra. Contains personal phone 17 numbers. See ¶ 5. Public 18 disclosure would cause harm. See ¶¶ 4-5. 19 29 6th Mental Health Highlighted Contains information 20 Records Reviews portions at exhibit identifying providers of page 11. patient care. See ¶ 4, supra. 21 Public disclosure would cause harm. See id. 22 30 7th Mental Health Highlighted Contains information 23 Report portions at exhibit identifying providers of pages 21, 50. patient care. See ¶ 4, supra. 24 Contains personal phone 25 numbers. See ¶ 5. Public disclosure would cause harm. 26 See ¶¶ 4-5.
27 Exhibits to Trapani Declaration 1 Exh. Document Portion(s) to Seal Reason(s) for Sealing 2 No. 3 31 7th Mental Health Highlighted Contains information Records Reviews portions at exhibit identifying providers of 4 pages 2-4, 9, 12-14, patient care. See ¶ 4, supra. 5 16-17, 19-21, 26, Public disclosure would cause 28. harm. See id. 6 32 8th Mental Health Highlighted Contains information Report portions at exhibit identifying providers of 7 pages 23, 48. patient care. See ¶ 4, supra. 8 Contains personal phone numbers. See ¶ 5. Public 9 disclosure would cause harm. See ¶¶ 4-5. 10 34 9th Mental Health Highlighted Contains information 11 Report portions at exhibit identifying providers of page 1, 21. patient care. See ¶ 4, supra. 12 Public disclosure would cause 13 harm. See id. 36 Mental Health CAP Highlighted Contains information 14 portions at exhibit identifying providers of 15 pages 1, 6-9. patient care. See id. Public disclosure would cause harm. 16 See id. 38 1st Dental Report Highlighted Contains information 17 portions at exhibit identifying providers of 18 pages 7-14, 16-19, patient care. See id. Public 23-32, 34, 38, 40, disclosure would cause harm. 19 44-47, 57, 61. See id. 20 39 2nd Dental Report Highlighted Contains information portions at exhibit identifying class members and 21 pages 7-8, 10-12, providers of patient care. See 15-19, 21, 23, 25, ¶¶ 3-4, supra. Contains 22 29, 33-34, 37-44, personal contact information. 23 53, 72, 74, 79-81, See ¶ 5. Public disclosure 84-85, 87, 91-98, would cause harm. See ¶¶ 3- 24 126. 5. 25 40 3rd Dental Report Highlighted Contains information portions at exhibit identifying providers of 26 pages 5-12, 15-16, patient care. See ¶ 4, supra.
27 Exhibits to Trapani Declaration 1 Exh. Document Portion(s) to Seal Reason(s) for Sealing 2 No. 3 19, 21, 27, 29-31, Public disclosure would cause 34-37, 43. harm. See id. 4 41 4th Dental Report Highlighted portions Contains information 5 at exhibit pages 7-8, identifying class members and 15, 23- providers of patient care. See 6 25, 29, 33, 34, 38, ¶¶ 3-4, supra. Public 46, 49, 64, 70, 72, disclosure would cause harm. 7 76. See id. 8 42 5th Dental Report Highlighted portions Contains information at exhibit pages 8- identifying class members and 9 10, 13-16, providers of patient care. See 10 25, 47, 53, 55-56, ¶¶ 3-4, supra. Public 58-59, 61-78, 81- disclosure would cause harm. 11 98, 105-106, 108, See id. 110, 113, 118, 120- 12 122, 124-126, 127, 13 130-132, 137, 140- 143, 148-156. 14 43 6th Dental Report Highlighted portions Contains information 15 at exhibit pages 10, identifying class members and 12, 14- providers of patient care. See 16 17, 19-22, 27-28, id. Contains personal contact 32, 47, 60-62, 64, information. See ¶ 5. Public 17 66-76, 80-81, 87- disclosure would cause harm. 18 91, 94, 110-125, See ¶¶ 3-5. 129-134, 136-147, 19 149, 151, 153, 159, 20 167, 173-175, 177, 179, 181, 186-192, 21 194-200, 202-205, 218. 22 44 7th Dental Report Highlighted portions Contains information 23 at exhibit pages at 5- identifying class members and 6, 9, 11, providers of patient care. See 24 13-14, 16, 18, 21- ¶¶ 3-4, supra. Public 25 22, 24-28, 31, 33- disclosure would cause harm. 37, 39-44, 46, 56, See id. 26 58, 63, 65, 74-79, 83-86, 88-98, 105- 27 Exhibits to Trapani Declaration 1 Exh. Document Portion(s) to Seal Reason(s) for Sealing 2 No. 3 108, 110, 125-140, 142-144, 146-158, 4 160-165, 167-168, 5 170, 172-173, 185- 186, 192, 194-197, 6 203-207, 209, 212, 216-217, 219-237, 7 239-240, 242, 244, 8 246-247, 259, 262- 275. 9 45 8th Dental Report Highlighted Contains information 10 portions at exhibit identifying class members and pages 4-5, 7-9, 12, providers of patient care. See 11 14-15, 18-21, 24- id. Public disclosure would 32. cause harm. See id. 12 47 9th Dental Report Highlighted Contains information 13 portions at exhibit identifying class members and pages 4, 7, 9-17, providers of patient care. See 14 21, 23-27, 31, 33- id. Public disclosure would 34. cause harm. See id. 15 49 Dental Corrective Highlighted Contains information 16 Action Plan (CAP) portions at exhibit identifying providers of pages 14-15. patient care. See ¶ 4, supra. 17 Public disclosure would cause 18 harm. See id. 50 M.M. CorEMR File Entire document. Consists of a medical record. 19 See ¶ 6, supra. This Court 20 has previously authorized the sealing of such documents. 21 See id. 51 M.M. Custody Entire document. Consists of custody records 22 Records for individual class member. 23 See id. This Court has previously authorized the 24 sealing of documents such as 25 this. See id. 52 M.M. Entire document. Consists of a record 26 Psychological evaluating the circumstances Autopsy of a death, which cannot 27 Exhibits to Trapani Declaration 1 2 Exh. Document Portion(s) to Seal Reason(s) for Sealing No. 3 realistically be anonymized. 4 See id. Public disclosure would cause harm. See id. 5 53 Email from Bruce Highlighted Contains information Barnett, 1/19/23 portions at exhibit identifying class members and 6 pages 1-4. providers of patient care. See 7 ¶¶ 3-4, supra. Contains personal phone numbers. See 8 ¶ 5. Public disclosure would 9 cause harm. See ¶¶ 3-5. 54 D.S. NMC Records Entire document. Consists of a medical record. 10 See ¶ 6, supra. This Court has previously authorized the 11 sealing of such documents. 12 See id. 55 D.S. CorEMR File Entire document. Consists of a medical record. 13 See id. This Court has 14 previously authorized the sealing of such documents. 15 See id. 56 Oct. 2022 Special Entire document. Consist of a custody record 16 Conditions List listing individual class 17 members and disabling conditions, which cannot 18 realistically be anonymized. 19 See id. Public disclosure would cause harm. See id. 20 57 D.S. Incident Entire document. Consists of custody records Reports for individual class member. 21 See id. This Court has 22 previously authorized the sealing of documents such as 23 this. See id. 24 58 D.S. Cell Photos Entire document. Contains security-sensitive information (photos of 25 interior and exterior of cell). See id. This Court has 26 previously authorized the 27 Exhibits to Trapani Declaration 1 2 Exh. Document Portion(s) to Seal Reason(s) for Sealing No. 3 sealing of information such as 4 this. See id. 59 D.S. Autopsy Highlighted This autopsy report is a public 5 Report portions at exhibit record under California law; pages 1-10. however, it was produced in 6 unredacted form. Redacted 7 portions contain both security-sensitive information 8 and information identifying 9 class members and providers of patient care. See ¶¶ 3-6, 10 supra. Public disclosure would cause harm. See id. 11 60 J.C. Suicide Safety Entire document. Contains both security- 12 Gap Analysis sensitive information and sensitive personal information 13 that cannot realistically be 14 redacted. See ¶ 6, supra. This Court has previously 15 authorized the sealing of documents such as this. See 16 id. 17
18 Exhibits to Swearingen Declaration 19 Exh. Document Portion(s) to Seal Reason(s) for Sealing 20 No. 3 Dr. Barnett Email Highlighted Contains information 21 portions at exhibit identifying class members. page 1. See ¶ 3, supra. Contains 22 personal phone numbers. See 23 id. ¶ 4. Public disclosure would cause harm. See id. 24 ¶¶ 3-4. 25 26 27 4 Dr. Winthrop Email Highlighted Contains information 1 portions at exhibit identifying class members. 2 pages 1-3. See ¶ 3, supra. Contains personal phone numbers. See 3 id. ¶ 4. Public disclosure 4 would cause harm. See id. ¶¶ 3-4. 5 5 Email Sending Highlighted Contains information 6 Medical Records portions at exhibit identifying class members. 7 page 1. See ¶ 3, supra. Public disclosure would cause harm. 8 See id. 9
10 Reply Trapani Declaration 11 Document Portion(s) to Seal Reason(s) for Sealing 12 Reply Declaration of Cara E. Highlighted Contains information 13 Trapani In Support of portions at 2:5-22, identifying class members. Plaintiffs’ Enforcement 5:3-11 Public disclosure would cause 14 Motion harm. See Second Joint Administrative Motion to File 15 Under Seal at Section II. Exh. Document Portion(s) to Seal Reason(s) for Sealing 16 No. 17 2 M.M. Mortality & Entire document. Contains sensitive personal Morbidity Report and medical information that 18 Part III cannot realistically be redacted. See id. 19 3 M.P.M. CorEMR Entire document. Consists of a medical record. 20 File This Court has previously authorized the sealing of such 21 documents. See id. 22 4 Excerpts of Entire document. Contains information Medical Monitor’s identifying class members and 23 draft Physician providers of patient care, and Case Review Tool sensitive personal and medical 24 Worksheet information that cannot realistically be redacted. 25 Public disclosure would cause harm. See id. 26 27