Opinion
23-cv-05141-VKD
02-16-2024
WILFRIDO SANDOVAL DELGADO, Petitioner, v. VERANIA DIAZ MARQUEZ, Respondent.
ORDER GRANTING JOINT ADMINISTRATIVE MOTION TO SEAL Re: Dkt. No. 47
VIRGINIA K. DEMARCHI UNITED STATES MAGISTRATE JUDGE
Petitioner Wilfrido Sandoval Delgado and respondent Verania Diaz Marquez jointly move to seal certain exhibits admitted during the bench trial in this case. Dkt. No. 47. For the reasons described below, the Court grants the parties' motion.
I. LEGAL STANDARD
“Historically, courts have recognized a ‘general right to inspect and copy public records and documents, including judicial records and documents.'” Kamakana v. City and Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 & n.7 (1978)). [B]ecause the resolution of a dispute on the merits, whether by trial or summary judgment, is at the heart of the interest in ensuring the ‘public's understanding of the judicial process and of significant public events,'” the Ninth Circuit has stated that there is a “strong presumption of access” to these records which can only be overcome by a showing of “compelling reasons.” Id. at 1179 (quoting Valley Broadcasting Co. v. U.S. Dist. Ct., 798 F.2d 1289, 1295 (9th Cir. 1986)). The party seeking to seal a judicial record bears the burden of showing compelling reasons to overcome this presumption. Id. at 1178.
Sealing motions in this district must be “narrowly tailored to seek sealing only of sealable material.” Civil L.R. 79-5(c)(3). A party moving to seal a document in whole or in part must explain “why a less restrictive alternative to sealing is not sufficient.” Civil L.R. 79-5(c)(1)(iii).
II. DISCUSSION
The parties ask to seal photos and videos of their minor child, JASD. Dkt. No. 47 at 3. The Court agrees that the protection of JASD's identity is a compelling reason to seal these exhibits. See Harvey v. Means, No. 2:23-CV-1712, 2023 WL 8188681, at *1-2 (W.D. Wash. Nov. 27, 2023) (finding compelling reasons to seal photos and other materials admitted at trial in Hague Convention case); see also Dudgeon v. Cnty. of Sonoma, No. 19-CV-05615-JCS, 2021 WL 5935618, at *1 (N.D. Cal. Nov. 18, 2021) (finding compelling reasons to seal videos of plaintiff's minor children). For most of the exhibits in question, there is no less restrictive alternative to complete sealing. See Civil L.R. 79-5(c)(1)(iii). The sole exception is Exhibit 38, which consists of Whatsapp chats between the parties and includes some photos of JASD. See Dkt. No. 47-15. The parties propose sealing in their entirety the pages of this exhibit containing photos of JASD, but the Court concludes that it is necessary to redact only the photos themselves, and not the text messages, from the public version of this exhibit. Dkt. No. 47 at 2.
The parties also ask to seal Exhibit 49, a forensic medical evaluation of Ms. Diaz. See Dkt. No. 47 at 2. The Court agrees that protection of Ms. Diaz's private health information is a compelling reason to seal this exhibit. See Tooker v. Mak, No. 20-CV-07373-HSG, 2022 WL 1131633, at *3 (N.D. Cal. Mar. 7, 2022); Pratt v. Gamboa, No. 17-CV-04375-LHK, 2020 WL 8992141, at *2 (N.D. Cal. May 22, 2020) (both finding compelling reasons to seal medical records). However, the Court notes that an unredacted version of Exhibit 49 has already been filed on the public docket. See Dkt. No. 48-8. The Court construes the parties' motion to seal as a request to seal this previously-filed document and to file Exhibit 49 under seal in its entirety.
Accordingly, the Court grants the motion to seal and orders as follows:
The following exhibits shall be sealed: 4, 6-10, 13-24 (Dkt. Nos. 47-2 through 47-14), 49 (Dkt. No. 48-8), and 50A, 93, 322, 325 (Dkt. Nos. 47-16 through 47-19). The parties shall prepare a redacted version of Exhibit 38 (Dkt. No. 47-15) that complies with this order to be posted on the public docket by February 23, 2024.
IT IS SO ORDERED.