Kirby v. Brietenbach

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA JOHN EDWARD KIRBY, Case No. 3:24-cv-O0002-ART-CSD 6 Petitioner, ORDER 3 WARDEN BREITENBACH, 9 Respondents.

Before the Court is Petitioner John Edward Kirby’s Motion for Leave to File Exhibits Under Seal (ECF No. 22). Kirby seeks leave to file under seal medical records contained in Exhibits 6-8 (ECF Nos. 23-1; 23-2; and 23-3). Respondents filed a non-opposition to sealing the exhibits. (ECF No. 24.)

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). The exhibits contain Petitioner’s sensitive health information, including mental health evaluations, drug orders, and progress notes. Having reviewed and considered the matter in accordance with Kamakana v. City and County oj Honolulu, 447 F.3d 1172 (9th Cir. 2006) and its progeny, a compelling need to protect Petitioner’s medical privacy outweighs the public interest in open access to court records. The Motion (ECF No. 22) is granted, and Exhibits 6, 7, and 8 (ECF Nos. 23-1; 23-2; and 23-3) are considered properly filed under seal.

Dated this 5 day of December, 2024.

jlosead Jen 27 Apes Word dom ANNE R. TRAUM 28 UNITED STATES DISTRICT JUDGE