Chen v. Lincoln National Life Insurance Company

1 HON. JAMES L. ROBART UNITED STATES DISTRICT COURT 9 WESTERN DISTRICT OF WASHINGTON 10 AT SEATTLE 11 SHU CHEN, 12 Plaintiff No. 2:20-cv-01766-JLR 13 V. STIPULATED MOTION FOR LEAVE TO 14 FILE “ADMINISTRATIVE RECORD” (1 \ LINCOLN NATIONAL LIFE UNDER SEAL AND [PROPOSED] ORDER \ | 15 INSURANCE COMPANY, NOTED FOR HEARING: April 29, 2021 16 Defendant.

19 I. Relief Requested 20 The parties respectfully move the Court, pursuant to Federal Rule of Civil Procedure || 5.2(d) and Local Civil Rule 5(g), to order that the “Administrative Record” in this matter — the | defendant insurance company’s claim file — be filed under seal, without redactions.

Il. Relevant Facts and Legal Authority This action arises under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seg. The parties agree the Court will need to consider Defendant’s claim file || toresolve the matter. Such files have come to be called the “Administrative Record” in ERISA STIPULATED MOTION TO FILE “ADMINISTRATIVE RECORD” UNDER SEAL AND [PROPOSED] ORDER - 1 LAW OFFICE OF MEL CRAWFORD ea AC No. 2:20-cv-01766-JLR Tel 206.694:1614 Fax 206.905-2342 | benefit cases. Here, that 2,225-page file is primarily medical records and other documents addressing Plaintiff's medical conditions.

Although Local Civil Rule 5(g) establishes a strong presumption in favor of public access to court filings, the need to protect medical privacy qualifies as a “compelling reason” to allow records to be filed under seal. Karpenski v. Am. Gen. Life Companies, LLC, No. 2:12-CV- | 01569-RSM, 2013 WL 5588312 at *1 (W.D. Wash. Oct. 9, 2013) (citing Kamakana v. City and | County of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)). See also Macon v. United Parcel | Serv., Inc., 2013 WL 951013, at *5 (W.D. Wash. Mar. 12, 2013) (granting unopposed motion to seal medical records given the “private nature of the documents at issue”); Gary v. Unum Life Ins. Co. of Am., No. 3:17-CV-01414-HZ, 2018 WL 1811470, at *3 (D. Or. Apr. 17, 2018) (granting an opposed motion to seal an ERISA claim file, citing numerous cases and stating 14 parties have not presented, and the Court is not aware of, any cases where medical || information was not allowed to be filed under seal under the ‘compelling reasons’ standard.”).

16 Local Civil Rule 5.2(c) states that “in an action for benefits under the Social Security | Act” the “administrative record must be filed under seal” because those “actions are entitled to 18 special treatment due to the prevalence of sensitive information and the volume of filings.” Jd.

That reasoning applies to this action for ERISA disability benefits. Sensitive information concerning the Plaintiff is found throughout the claim file.

2 As certified below, the parties discussed whether redaction would be a suitable || alternative. Due to the volume of the record, and the extensive redaction that would be || necessary, the parties believe redaction is not a reasonable alternative. Federal Rule of Civil | Procedure 5(d) provides that the “court may order that a filing be made under seal without 26 redaction” and the parties respectfully move the Court to so order here.

RECORD” UNDER SEAL AND [PROPOSED] ORDER - 2 Tapiomes tir, Cnawrons 9425 35th Avenue N.E. Suite C No. 2:20-cv-01766-ILR Tel 206.694-1014 Pax 206,905-2342 1 III. Local Rule 5.2(g)(3)(A) Certification 2 The parties certify pursuant to Local Rule 5.2(g)(3)(A) that attorney Mel Crawford representing Plaintiff and attorney Russel Buhite representing Defendant conferred by telephone on April 26, 2021, to discuss filing the record under seal and to explore redaction and other alternatives to filing under seal. They agreed redaction was not a reasonable means to protect | Plaintiff's medical privacy, because the documents would need to be so heavily redacted.

8 IV. Conclusion 9 The parties respectfully move the Court to order that the “Administrative Record” in this 10 matter be filed under seal.

IT IS SO STIPULATED THIS 29th day of April 2020.

13 || LAW OFFICE OF MEL CRAWFORD | By s/Mel Crawford 16 Mel Crawford, WSBA # 22930 [email protected] || Attorney for Plaintiff | OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

20 .

By s/Russell S. Buhite 21 Russell 8. Buhite, WSBA #41257 Russell. [email protected] | Attorney for Defendant STIPULATED MOTION TO FILE “ADMINISTRATIVE RECORD” UNDER SEAL AND [PROPOSED] ORDER - 3 LAW OFFICE OF MEL CRAWFORD "Seattle, Washington 98115 □ No. 2:20-cv-01766-JLR Tel 206.694.1614 Fax 206 905-2342 1 ORDER 2 IT IS SO ORDERED. The Court GRANTS the parties’ stipulated motion and ORDERS that the administrative record in this action be filed and maintained under seal. Pursuant to Federal Rule of Civil Procedure 5(d), the record need not be redacted. ye | DATED this dayof □□ a 2021.

7 _ ( C\a & 9 \ LMa Co x, 10 Honorable James L. Robart United State District Judge \ STIPULATED MOTION TO FILE “ADMINISTRATIVE RECORD” UNDER SEAL AND [PROPOSED] ORDER - 4 LAW OFFICE OF MEL CRAWFORD 9425 35th Avenue N.E. Suite C No. 2:20-cv-01766-JLR Tel 206 694.114 Pax 906 905.2342