(PS) Pearson v. Icanotes-EHR
2:20-cv-01720
E.D. Cal.Jan 11, 2021Background
- Pro se plaintiff Nicole Pearson filed a December 18, 2020 motion asking the court to seal “all documents pertaining to this court case,” including judicial proceedings.
- The court applied the strong presumption of public access to court records and the Ninth Circuit standards requiring "compelling reasons" (or "good cause" for tangential material) to justify sealing.
- Local Rule 141 requires a Request to Seal to state the authority for sealing, duration, who may access the documents, and other relevant details; Pearson’s filing did not comply.
- Pearson also submitted various medical records with the sealing motion. The court struck that filing out of an abundance of caution and ordered the documents returned.
- The sealing motion was denied without prejudice because Pearson failed to make the necessary showing and failed to comply with Local Rule 141.
- Pearson had previously been given leave to file an amended complaint and did not do so; the court warned that failure to amend may lead to a recommendation of dismissal for lack of prosecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should seal all case documents and judicial proceedings | Pearson asked the court to seal all documents and proceedings (sought broad secrecy) | No responsive argument in the record | Denied; sealing all materials preemptively not justified; must meet Ninth Circuit standards and LR 141 requirements |
| Whether the medical records filed with the motion should remain on the docket | Pearson filed medical records along with the sealing request (implied need for confidentiality) | No responsive argument in the record | Stricken and returned to Pearson; may refile publicly or renew a proper sealing request |
| Whether failure to file an amended complaint warrants further action | Pearson has not filed an amended complaint despite prior 28‑day leave to amend | No responsive argument in the record | Court warned that failure to file may result in recommendation of dismissal for lack of prosecution |
Key Cases Cited
- Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092 (9th Cir. 2016) (presumption of access and sealing standards)
- Foltz v. State Farm Mut. Auto. Ins. Co., 331 F.3d 1122 (9th Cir. 2003) (standards for sealing civil discovery and court records)
- Kamakana v. City and County of Honolulu, 447 F.3d 1172 (9th Cir. 2006) ("compelling reasons" standard for sealing dispositive materials)
- United States v. Amodeo, 71 F.3d 1044 (2d Cir. 1995) (public access rationale and accountability in judicial proceedings)
