(PS) Pearson v. Medicare/CMS

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

NICOLE PEARSON, Case No. 2:20-cv-01719-JAM-JDP Plaintiff, ORDER DIRECTING THE CLERK OF THIS COURT TO CLOSE THIS CASE DUE TO A v. VOLUNTARY DISMISSAL

MEDICARE/CMS, et al., ECF No. 8

Defendants. ORDER DENYING THE REQUEST TO

SEAL THE CASE AND DIRECTING THE

CLERK OF THIS COURT TO UN-FILE THE COMPLAINTS

ECF Nos. 1, 5, 6

Plaintiff is proceeding in this action pro se. On March 1, 2021, plaintiff filed a notice of voluntary dismissal of this action pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure. ECF No. 8.

Plaintiff has also filed a request seeking an order to seal the case. ECF No. 6. Plaintiff bears the burden to overcome a “strong presumption in favor of access to court records.” See Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). Upon a showing of good cause, the court may issue a protective order to prevent a party “from annoyance, embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c); see also E.D. Cal. L.R. 141 (“Documents may be sealed only by written order of the Court, upon the showing required by applicable law.”). While plaintiff’s claims touch upon protected health information, see ECF No. 5 at 3-5, she has not made the necessary showing to justify sealing this case. Nevertheless, out of an abundance of caution, I will order that her complaints be un-filed. Accordingly, I hereby order that:

1. plaintiffs request to seal, ECF No. 6, be denied;

2. the clerk of this court un-file and remove the complaints from the case, ECF Nos. 1 and 5; and

3. the clerk of this court close this case.

IT IS SO ORDERED. ( 1 ow — Dated: _ March 15, 2021

JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE