Filed: Sep. 27, 2018
Latest Update: Sep. 27, 2018
Summary: ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE RECORD UNDER SEAL MARSHA J. PECHMAN , District Judge . I. Relief Requested Pursuant to Federal Rule of Civil Procedure 5.2(d), Local Civil Rule 5(g), and this Court's Order (Dkt. No. 41) stating that the "parties are directed to file a stipulated Motion to Seal once the Administrative Record is complete," the parties respectfully move the Court to Order that the Administrative Record in this matter be filed under seal. II. Relevant Facts
Summary: ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE RECORD UNDER SEAL MARSHA J. PECHMAN , District Judge . I. Relief Requested Pursuant to Federal Rule of Civil Procedure 5.2(d), Local Civil Rule 5(g), and this Court's Order (Dkt. No. 41) stating that the "parties are directed to file a stipulated Motion to Seal once the Administrative Record is complete," the parties respectfully move the Court to Order that the Administrative Record in this matter be filed under seal. II. Relevant Facts a..
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ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE RECORD UNDER SEAL
MARSHA J. PECHMAN, District Judge.
I. Relief Requested
Pursuant to Federal Rule of Civil Procedure 5.2(d), Local Civil Rule 5(g), and this Court's Order (Dkt. No. 41) stating that the "parties are directed to file a stipulated Motion to Seal once the Administrative Record is complete," the parties respectfully move the Court to Order that the Administrative Record in this matter be filed under seal.
II. Relevant Facts and Legal Authority
This action arises under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq. Plaintiff seeks a declaration of her right to disability benefits. The Administrative Record consists primarily of 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 the Court's files" and although the Ninth Circuit recognizes a "strong presumption of public access to documents attached to dispositive motions," this Court has held that the "need to protect medical privacy qualifies in general as a `compelling reason'" to allow records to be filed under seal. Karpenski v. Am. Gen. Life Companies, LLC, No. 2:12-CV-01569RSM, 2013 WL 5588312, at *1 (W.D. Wash. Oct. 9, 2013), (quoting Local Civil Rule 5(g) and 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").
Should the Court grant this Motion the parties will not redact personal identifiers from the Record unless the Court orders otherwise.
III. Conclusion
The parties stipulate that there are compelling reasons to allow the administrative record to be filed under seal, and respectfully move the Court to so order.
IT IS SO STIPULATED.
ORDER
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.
