Doe v. State of Nevada, Ex. Rel., Dep't of Health & Hum. Servs. Div. of Child and Family Servs. ( 2024 )

1 || FELICIA GALATI, ESQ. 5 Nevada Bar No. 007341 STEPHANIE M. ZINNA, ESQ. 3 || Nevada Bar No. 011488 OLSON CANNON & GORMLEY 4 119950 West Cheyenne Avenue 5 Las Vegas, NV 89129 Phone: 702-384-4012 6 ||Fax: 702-383-0701 fgalati@ ocgas.com 7 || szinna@ocgas.com g Attorneys for Defendants COUNTY OF CLARK and g || STACEY SILVERSTEIN 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 D.O. JANE DOE, an individual; K.Y. JANE CASE NO. 2:23-cv-01929-APG-MDC DOE, an individual; L.O. JANE DOE, an || individual; L.O.J. JOHN DOE, an individual; 15 || P-X-JANE DOE, an individual, DEFENDANTS COUNTY OF CLARK & 825 = Plaintiffs STACEY SILVERSTEIN’S MOTION 16 Vs. , FOR LEAVE TO FILE EXHIBITS TO Z MOTION TO DISMISS FIRST a3 COUNTY OF CLARK, a political AMENDED COMPLAINT (ECF # 21) Es 43 1g subdivision of the State of Nevada; UNDER SEAL STACEY SILVERSTEIN, an individual, 8 19 Defendants. 20 21 99 COME NOW Defendants COUNTY OF CLARK and STACEY SILVERSTEIN, by 23 through their his attorneys, FELICIA GALATI, ESQ. and STEPHANIE M. ZINNA, ESQ. 24 |! of the law firm of OLSON CANNON & GORMLEY, and hereby seeks leave of this Court to 25 file Exhibits A, B, C, D and E to the Motion to Dismiss First Amended Complaint under seal 26 pursuant to Federal Rules of Civil Procedure 26(b)(5)(B) and 5.2 and Kamakana v. City & 27 28 Cnty. of Honolulu, 447 F.3d 1172 (9 Cir.2006). This Motion is made and based upon all the 1 || pleadings and papers on file herein, the attached points and authorities, and any oral argument ? || which the Court may choose to entertain at the hearing of this Motion. Defendants understand that “[h]istorically, courts have recognized a general right to 5 inspect and copy public records and documents, including judicial records and documents” and 6 |{a@ motion to seal documents that are part of the judicial record, or filed in connection with a 7 || dispositive motion, as they are here, must meet the “compelling reasons” standard outlined 8 in Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9" Cir.2006); Williams v. Nevada Dep't of Corr., 2014 WL 3734287, at *1 (D. Nev. July 29, 2014). A party seeking to seal judicial records must show that “compelling reasons supported by specific factual 12 || findings...outweigh the general history of access and the public policies favoring disclosure.” Id. 13 || citing Kamakana, 447 F.3d at 1178-79. The court must weigh relevant factors including “the iM public interest in understanding the judicial process and whether disclosure of the material could : result in improper use of the material for scandalous or libelous purposes or infringement upon j trade secrets.” Id. citing Pintos v. Pacific Creditors Ass'n, 605 F.3d 665, 679 n. 6 Cir. 2010). 3 1g || Also, NRS 432B.280 provides that “information maintained by an agency which provides child 19 || welfare services, including, without limitation, reports and investigations made pursuant to this 20 chapter, is confidential.” This Court has previously sealed Department of Family Services (DFS) and Child Protective Services (CPS) records and information. 22 33 On 2/2/2024, this Court entered a Protective Order (#32), including as to DFS documents 24 |}and based on NRS 432B.280 which provides that all records and information regarding child 25 || abuse and neglect are confidential. Id. at pp. 2-3. 26 Exhibit A to the Motion to Dismiss is Plaintiff D.O. JANE DOE’s Certificate of Live Birth obtained and maintained by Department of Family Services (DFS) in its files. Exhibit B 1 |\is Plaintiff JANE DOE’s Certificate of Live Birth obtained and maintained by DFS in its > || files. Exhibit C is Plaintiff L.O. JANE DOE’s Certificate of Live Birth obtained and maintained by DFS in its files. Exhibit D is Plaintiff P.K. JANE DOE’s Certificate of Live Birth obtained 5 and maintained by Department of Family Services (DFS) in its files. Exhibit E is the Affidavit 6 || of Marion Biron authenticating Exhibits A, B, C and D and confirming the Plaintiffs D.O. JANE 7 ||DOE; K.Y. JANE DOE; L.O. JANE DOE; and P.K. JANE DOE’s Dates of Birth per DFS/CPS’ || Certificates of Live Birth records. Thus, Exhibits A through E contain confidential information, including the Plaintiffs’ 10 Dates of Birth, which are private under Fed.R.Civ.P. 5.2. Balancing the need for the public's 12 |}access to information about minors and their confidential records — the need and statutory 13 || mandate to maintain the confidentiality of that information and those records weighs in favor of 5 M4 sealing the Exhibits. Pursuant to Fed.R.Civ.P. 5.2, privacy rights, HIPAA, Williams, supra and 8 = Kamakhana, supra and NRS 432B.280, Defendants respectfully request that they be granted F2S5 16 2 leave to file Exhibits A, B, C, D and E to their Motion to Dismiss under seal. Defendants do . . . . . 4 1g ||not expect Plaintiffs will object to this since, in part, it protects Plaintiffs’ interests. 19 Defendants are providing this Court with Exhibits A through E filed under seal for this 20 |! Court to review and requesting this Court seal those Exhibits and are serving those same 21 //1 22 //1 23 //1 24 a5 |{/// 26 |\/// 27 □□ //1/ 8/7] 1 || Exhibits on Plaintiffs’ attorneys as indicated in the attached Certificate of Service (by mail and 2 |! electronic mail). DATED this 26" day of February, 2024. ‘ OLSON CANNON & GORMLEY 6 Re (Co ( eg p<— 7 FELICIA GALATI, ESQ. 8 Nevada Bar No. 7341 STEPHANIE M. ZINNA, ESQ. ? Nevada Bar No. 011488 10 9950 West Cheyenne Avenue Las Vegas, NV 89129 11 Attorney for Defendants COUNTY OF CLARK and 12 STACEY SILVERSTEIN 13 Ss 14 |S '7 |! |1T IS SO ORDERED: g 18 3 Dated: February 27, 2024 19 4 a 20 ANDREW P. GORDON 4 UNITED STATES DISTRICT JUDGE 22 23 24 25 26 27 28