Ocegueda v. State of Nevada

D. Nevada

Ocegueda v. State of Nevada

DecidedMay 22, 2020

Docket2:15-cv-01884

StatusUnknown

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

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Ocegueda v. State of Nevada, (D. Nev. 2020).

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 ANA OCEGUEDA, Case No. 2:15-cv-01884-JCM-EJY 6 Petitioner, 5 v. ORDER

WARDEN JO GENTRY, et al.,

9 Respondents. 10 Presently before the court are petitioner Ana Ocegueda’s motion to seal (ECF No. 31) and 11 || respondents’ motion for enlargement of time (ECF No. 33). 12 Ocegueda seeks leave to file under seal a total of five exhibits containing sensitive health 13 || information, including her medical kites, physician’s orders, and progress notes. (ECF No. 32.) 14 || The need to protect medical privacy generally qualifies as a “compelling reason” for sealing 15 || records in connection with a dispositive motion. E.g., Abbey v. Hawaii Employers Mut. Ins. Co. 16 || (HEMIC), 760 F. Supp. 2d 1005, 1013 (D. Haw. 2010). Having reviewed and considered the 17 || matter in accordance with the Ninth Circuit’s directives set forth in Kamakana v. City and County 18 || of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its progeny, the court finds that a compelling need 19 || to protect Ocegueda’s privacy and personal identifying information outweighs the public interest 20 || in open access to court records. Accordingly, IT IS HEREBY ORDERED that Ocegueda’s motion 21 || to seal (ECF No. 31) is GRANTED. 22 Good cause appearing, IT IS HEREBY ORDERED that respondents’ motion for 23 || enlargement of time (ECF No. 33) is GRANTED. Respondents have until June 17, 2020, to file 24 || areply in support of the motion to dismiss. 25 DATED May 22, 2020. *° tis ©. Atala 27 JAMES © MAHAN UNITED STATES DISTRICT JUDGE

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1 2 3 UNITED STATES DISTRICT COURT 4 DISTRICT OF NEVADA 5 ANA OCEGUEDA, Case No. 2:15-cv-01884-JCM-EJY 6 Petitioner, 5 v. ORDER

WARDEN JO GENTRY, et al.,

9 Respondents. 10 Presently before the court are petitioner Ana Ocegueda’s motion to seal (ECF No. 31) and 11 || respondents’ motion for enlargement of time (ECF No. 33). 12 Ocegueda seeks leave to file under seal a total of five exhibits containing sensitive health 13 || information, including her medical kites, physician’s orders, and progress notes. (ECF No. 32.) 14 || The need to protect medical privacy generally qualifies as a “compelling reason” for sealing 15 || records in connection with a dispositive motion. E.g., Abbey v. Hawaii Employers Mut. Ins. Co. 16 || (HEMIC), 760 F. Supp. 2d 1005, 1013 (D. Haw. 2010). Having reviewed and considered the 17 || matter in accordance with the Ninth Circuit’s directives set forth in Kamakana v. City and County 18 || of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its progeny, the court finds that a compelling need 19 || to protect Ocegueda’s privacy and personal identifying information outweighs the public interest 20 || in open access to court records. Accordingly, IT IS HEREBY ORDERED that Ocegueda’s motion 21 || to seal (ECF No. 31) is GRANTED. 22 Good cause appearing, IT IS HEREBY ORDERED that respondents’ motion for 23 || enlargement of time (ECF No. 33) is GRANTED. Respondents have until June 17, 2020, to file 24 || areply in support of the motion to dismiss. 25 DATED May 22, 2020. *° tis ©. Atala 27 JAMES © MAHAN UNITED STATES DISTRICT JUDGE

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