Ocegueda v. State of Nevada

Opinion

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