Pervez v. Bacerra ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SHAFAK PERVEZ, ) CASE NO: 2:18-cv-02793-KJM-KJN ) 12 Plaintiff, ) ) ORDER ON DEFENDANT’S REQUEST TO 13 vs. ) SEAL DOCUMENTS PURSUANT TO ) LOCAL RULE 141 14 XAVIER BACERRA, in his official capacity, ) ) BRENT E. ORICK, in his official capacity, 15 CALIFORNIA DEPARTMENT OF ) ) 16 JUSTICE, COUNTY OF SACRAMENTO ) ) 17 Defendants. ) ) 18 19 “‘[C]ompelling reasons’ must be shown to seal judicial records attached to a dispositive 20 motion[,]” such as a motion for summary judgment. Kamakana v. City & Cty. of Honolulu, 447 21 F.3d 1172, 1179 (9th Cir. 2006) (citation omitted). “This court, and others within the Ninth Circuit, 22 have recognized that the need to protect medical privacy qualifies as a ‘compelling reason’ for 23 sealing records.” Chester v. King, No. 1:16-cv-01257, 2019 WL 5420213, at *2, 2019 U.S. Dist. 24 LEXIS 154413, at *5 (E.D. Cal. Sep. 10, 2019) 25 IT IS HEREBY ORDERED THAT the following records be sealed for purposes of 26 defendant County of Sacramento’s opposition to plaintiff’s motion for summary judgment: 27 1. Kaiser Permanente Records for Shafak Pervez, Emergency Psychiatric Assessment and 28 Application for 72-Hour Detention For Evaluation and Treatment dated 9-15-00 1 (Excerpts from Exhibit 3 to Gretchen Fehm Blake LCSW’s Deposition dated June 1, 2 2020 (Bates stamped pages Kaiser0460 to Kaiser0464) 3 (Bates Stamped DEF’S REQ TO SEAL 01 through 05) 4 2. Sacramento County DBHS Diagnosis and Movement History for Pervez, Shafak 5 (Bates Stamped DEF’s REQ TO SEAL 06 through 08) 6 3. Sacramento County Superior Court Mental Health History Report for Shafak Pervez 7 (Exhibit 3 to Kimberly Ann Ledden Pedersen’s deposition dated May 19, 2020 8 (Bates Stamped DEF’S REQ TO SEAL 09) 9 The Clerk of the Court shall file these documents under seal as provided for in Local Rule 141. 10 IT IS SO ORDERED. 11 DATE: December 10, 2020 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28