District Court, D. Nevada, 2020

Ocegueda v. State of Nevada

Ocegueda v. State of Nevada
District Court, D. Nevada · Decided May 22, 2020
Ocegueda v. State of Nevada

Trial Court Opinion

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 || 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 || 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 || records in connection with a dispositive motion. E.g., Abbey v. Hawaii Employers Mut. Ins. Co. || (HEMIC), 760 F. Supp. 2d 1005, 1013 (D. Haw. 2010). Having reviewed and considered the || matter in accordance with the Ninth Circuit’s directives set forth in Kamakana v. City and County || of Honolulu, 447 F.3d 1172 (9th Cir. 2006), and its progeny, the court finds that a compelling need || to protect Ocegueda’s privacy and personal identifying information outweighs the public interest || in open access to court records. Accordingly, IT IS HEREBY ORDERED that Ocegueda’s motion || to seal (ECF No. 31) is GRANTED.

22 Good cause appearing, IT IS HEREBY ORDERED that respondents’ motion for || enlargement of time (ECF No. 33) is GRANTED. Respondents have until June 17, 2020, to file || 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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