(PS) Pearson v. Medicare/CMS ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 NICOLE PEARSON, Case No. 2:20-cv-01719-JAM-JDP 12 Plaintiff, ORDER DIRECTING THE CLERK OF THIS COURT TO CLOSE THIS CASE DUE TO A 13 v. VOLUNTARY DISMISSAL 14 MEDICARE/CMS, et al., ECF No. 8 15 Defendants. ORDER DENYING THE REQUEST TO SEAL THE CASE AND DIRECTING THE 16 CLERK OF THIS COURT TO UN-FILE THE COMPLAINTS 17 ECF Nos. 1, 5, 6 18 19 Plaintiff is proceeding in this action pro se. On March 1, 2021, plaintiff filed a notice of 20 voluntary dismissal of this action pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil 21 Procedure. ECF No. 8. 22 Plaintiff has also filed a request seeking an order to seal the case. ECF No. 6. Plaintiff 23 bears the burden to overcome a “strong presumption in favor of access to court records.” See 24 Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122, 1135 (9th Cir. 2003). Upon a showing of 25 good cause, the court may issue a protective order to prevent a party “from annoyance, 26 embarrassment, oppression, or undue burden or expense.” Fed. R. Civ. P. 26(c); see also E.D. 27 Cal. L.R. 141 (“Documents may be sealed only by written order of the Court, upon the showing 28 required by applicable law.”). While plaintiff’s claims touch upon protected health information, 1 | see ECF No. 5 at 3-5, she has not made the necessary showing to justify sealing this case. 2 | Nevertheless, out of an abundance of caution, I will order that her complaints be un-filed. 3 Accordingly, I hereby order that: 4 1. plaintiffs request to seal, ECF No. 6, be denied; 5 2. the clerk of this court un-file and remove the complaints from the case, ECF Nos. 1 6 and 5; and 7 3. the clerk of this court close this case. 8 9 IT IS SO ORDERED. 10 ( 1 ow — Dated: _ March 15, 2021 11 JEREMY D. PETERSON 10 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28