Melancon v. Gaylor

• Court: District Court, D. New Hampshire
• Decided: September 27, 1995
• Docket: CV-94-310-L
• Status: Published

Opinion

Melancon v. Gaylor CV-94-310-L 09/27/95

THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Diane M. Melancon, M.D.

v. #C-94-310-L

Michael Gaylor, M.D. and Dartmouth College Medical School

ORDER

The complaint in this case was filed on June 10, 1994. On

June 15, 1994 the plaintiff with the concurrence of the

defendants, pursuant to Rule 26 (c) of the Federal Rules of Givi

Procedure moved for a protective order sealing all pleadings in

this matter until such time as otherwise reguested by the

plaintiff. The motion was granted by the court on June 16, 1994

The parties attempted to settle this case, but a stumbling

block was plaintiff's refusal to be bound by a stipulation to

refrain from filing a complaint with the Medical Practice Board

for the States of New Hampshire and Vermont.

The case was then dismissed without prejudice on June 15,

1994 by plaintiff's attorney Leslie C. Nixon.

On March 31, 1995 the court made an order regarding

disposition of sealed documents. This is purely an

administrative act and the order was to the effect that unless a response is filed within thirteen workdays requesting an

alternative form of disposition, the document will be unsealed,

docketed and filed in the case.

On April 13, 1995 the court, believing that there was no

objection by the plaintiff, granted the motion of Michael Gay­

lor, M.D. to amend the order regarding disposition of sealed

documents. The substituted order indicates that the file is to

be destroyed. Defendant Gaylor's counsel stated that Attorney

Moffett, representing Dartmouth College Medical School, had no

objection. Further, that plaintiff's former counsel reported

that an impediment has arisen to communication with her client,

and she lacks authority either to consent or object to the

motion.

On May 2, 1995, well after the thirteen day time limit, the

plaintiff wrote to James Starr, Clerk of Court requesting an

extension of time to respond to the order regarding the

disposition of the sealed documents.

On May 4, 1995 the court, realizing the plaintiff was pro

se, granted her an extension of time to procure new counsel.

Plaintiff retained Attorney Stephen H. Roberts on June 22, 1995.

On December 13, 1995 the plaintiff filed a formal complaint

against the defendant. Dr. Gaylor, which is part of the court's

file. In the complaint at paragraph one is the following: "I

2 request anonymity in this matter, that my name be kept

confidential and that matters concerning me remain confidential."

On June 23, 1995 plaintiff's counsel filed an objection to

defendant's motion to amend the order regarding disposition of

sealed documents.

The court held a hearing on September 2 6

, 1995. Attorney Stephen H. Roberts, representing the plaintiff,

was present as well as Attorney Ernest P. Sachs, legal

representative for defendant Gaylor, and Attorney Howard M.

Moffett, legal representative for the Dartmouth Medical School.

Petition of Keene Sentinel, 136 N.H. 121 (1992) has been

cited to the court by counsel. It was the holding in this case

that a court is empowered to determine if there is some

overriding consideration or special circumstance, that is a

sufficiently compelling interest, that would justify preventing

public access to the records. There is a presumption that court

records are public.

The court takes a middle course in this litigation. It is

the conclusion of this court that the order of June 26, 1995

should be abrogated and the following order substituted:

3 Pleadings and motions concerning this action shall be returned to

the submitting party.

September 27, 1995

Martin F. Loughlin Senior Judge Howard M. Moffett, Esg. Ernest P. Sachs, Esg. Leslie C. Nixon, Esg. Stephen H. Roberts, Esg.