MOTION FOR LEAVE TO FILE UNDER SEAL EXHIBITS 1-12, 14, 16, 17, 18, 20-21 FOUND IN PLAINTIFFS' APPENDIX SUPPORTING PLAINTIFFS' RESPONSE TO MOTION FOR SANCTIONS

C.W. HOFFMAN, Jr., Magistrate Judge.

Plaintiffs ALLSTATE INSURANCE COMPANY, ALLSTATE PROPERTY & CASUALTY INSURANCE COMPANY, ALLSTATE INDEMNITY COMPANY, and ALLSTATE FIRE & CASUALTY INSURANCE COMPANY (collectively "Allstate") move this Court for leave to file under seal Exhibits 1-12, 14, 16, 17, 18, 20-21 as found in Plaintiffs' Appendix supporting their Response to Motion for Sanctions Against Plaintiffs. These exhibits contain or reference "protected health information" concerning non-parties to this matter, and therefore, compelling reasons exist to seal them.

This Motion is made and based on the papers and pleadings on files, the following Memorandum of Points and Authorities, and any argument heard by the Court.

MEMORANDUM OF POINTS AND AUTHORITIES

A party seeking to seal documents attached to a dispositive motion must identify "compelling reasons supported by specific factual findings" in order to overcome the presumptive right of public access to those documents. Kamakana v. City & Cty. Of Honolulu, 447 F.3d 1172, 1178-79 (9th Cir. 2006). The Court will balance the competing interests of the public and the parties (or non-parties) in deciding whether to seal judicial documents. Id. at 1179.

On March 15, 2017, Plaintiffs herein filed their Response to Defendants' Motion for Sanctions. The Plaintiffs attached 18 documents to their Appendix in support of their Response to the Motion for Sanctions that qualify (or likely qualify) for sealing: Exhibits 1-12, 14, 16, 17, 18, 20-21. Exhibits 1-12 consist of recorded statements of patients of Defendants, which describe medical treatment and a deposition transcript of a Chiropractic Doctor, which also describes medical treatment of patients undertaken by Defendants. Exhibits 14 and 16 consist of deposition transcripts of two patients which describe medical treatment rendered to them by the Defendants. Exhibits 17, 18, 20-21, are declarations of expert medical witnesses on behalf of Allstate, and these written declarations describe medical treatment rendered to several patients of the Defendants. Exhibits 1-5 and 7-12 have all been labeled confidential by Allstate.

Because the patients referenced in Exhibits 1-12, 14, 16, 17, 18, 20-21 are non-parties to this matter, sealing these exhibits is warranted in order to protect the patients' privacy interests under the Health Insurance Portability and Accountability Act of 1996. See, e.g., Brodsky v. Baca, No. 3:14-cv-00641-RJC-WGC, 2015 WL 6962867, 1 (D. Nev. 2015) (recognizing that protecting medical privacy qualifies as a "compelling reason" to seal judicial records.)

For these reasons, Allstate respectfully requests that this Court grant this Motion to Seal.

IT IS SO ORDERED.