Corey Rae Willis v. Bob Falkner, et al.
Corey Rae Willis v. Bob Falkner, et al.
Trial Court Opinion
1 2 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 3 4 Corey Rae Willis, Case No. 2:22-cv-01154-CDS-BNW
5 Plaintiff Order Granting Defendants’ Motions for Leave to File Exhibits Under Seal and File 6 v. Supplemental Exhibits Relating to the Defendants’ Motion for Summary Judgment 7 Bob Falkner, et al.,
8 Defendants [ECF Nos. 58, 62]
9 10 Plaintiff Corey R. Willis brings this civil-rights action under
42 U.S.C. § 1983, alleging a 11 deliberate medical indifference claim in violation of his Eighth Amendment rights. See First am. 12 compl., ECF No. 5. The defendants’ move for leave (1) to seal certain exhibits related to their 13 motion for summary judgment and (2) to file supplemental exhibits.1 See Mots. for leave, ECF 14 Nos. 58, 62. There are no oppositions filed for either motion. For the following reasons, I grant 15 the defendants’ motions to file exhibits F, G, H, I, and L under seal, and for leave to file 16 supplemental exhibits Q, R, S, and T. 17 I. Discussion 18 A. Motion for leave to file exhibits under seal 19 “Historically, courts have recognized a ‘general right to inspect and copy public records 20 and documents, including judicial records and documents.’” Kamakana v. City & Cnty. of Honolulu, 21
447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc.,
435 U.S. 589, 597 & n.7 22 (1978)). And “compelling reasons” must be shown to seal judicial records attached to a 23 dispositive motion. Kamakana, 447 F.3d 1178–79 (citing Foltz v. State Farm Mut. Auto Ins. Co.,
331 F.3d 241122, 1136 (9th Cir. 2003). 25 26
1 A separate order will issue resolving the motion for summary judgment (ECF No. 57). 1 On April 4, 2025, the defendants filed a motion for leave to file under seal exhibits F, G, 2 H, I and L in support of their motion for summary judgment. See ECF No. 58. The defendants 3 seek to file these exhibits under seal because they contain Willis’s medical records.
Id. at 2. 4 Specifically, the exhibits contain Willis’s medical conditions, sensitive information about his 5 treating physicians, and medical notes about his treatment.
Id.Willis did not file an opposition 6 to this motion. 7 Here, the defendant’s request is narrowly tailored, as the defendants are seeking to seal 8 limited exhibits, not all exhibits related to the summary judgment motion. Further, medical 9 records containing private, confidential, and sensitive information, are often ordered to be filed 10 under seal. E.g. United States v. Bradley,
2020 U.S. Dist. LEXIS 119962, at *21 (E.D. Cal. July 6, 2020). 11 In reviewing the exhibits the defendants seek to seal, I find compelling reasons exist to grant 12 their request so defendants’ motion to seal exhibits F, G, H, I, and L containing the plaintiff’s 13 medical information is granted. 14 B. Motion for leave to file supplemental exhibits 15 On April 17, 2025, the defendants filed a motion for leave to file supplemental exhibits Q, 16 R, S, and T related to their motion for summary judgment. See ECF No. 62. The defendants assert 17 that these exhibits are filed solely to certify the authenticity of exhibits previously filed in their 18 motion for summary judgment.
Id. at 2. The defendants further explain that the declarations 19 were not previously filed with the motion because there were unexpected absences by NDOC 20 administrative staff prior to filing their motion. See
id.at 3–4. Willis did not oppose this motion. 21 Moreover, this motion for leave was filed prior to Willis filing his opposition to the motion for 22 summary judgment. See Opp’n, ECF No. 64. 23 The Court may grant leave to file supplemental authority “for good cause.” See Local Rule 24 7-2(g). Good cause may exist when the proffered supplemental authority is particularly helpful. 25 See Alps Prop. & Cas. Ins. Co. v. Kalicki Collier, LLP,
526 F. Supp. 3d 805, 812 (D. Nev. 2021). Moreover, 26 failure of an opposing party to file points and authorities constitutes that party’s consent to the granting of the motion. See Local Rule 7-2(d). I grant the defendants’ motion. Upon review of the exhibits, I find that the supplemental exhibits serve the purpose of authenticating previously submitted exhibits in the motion for summary judgment. See ECF No. 57. So under my inherent authority to manage and control the docket, Ready Transp, Inc. v. AAR Mfg.,
627 F.3d 402, 404(9th 5}] Cir. 2010), I grant the defendants’ motion for leave to file supplemental exhibits to their motion 6] for summary judgment. IL. Conclusion 8 IT IS ORDERED that the defendants’ motion for leave to seal exhibits F, G, H, I, and L [ECF No. 58] is granted. The Clerk of Court is kindly instructed to maintain the seal on ECF No. 59. IT IS FURTHER ORDERED that the defendants’ motion for leave to file supplemental exhibits Q, R, S, and T [ECF No. 62] is granted. ) B Dated: December 15, 2025 /, / 14 LZ 5 Cristina hl Unit d ptates District Judge
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Reference
- Status
- Unknown