As a result, the Court is inclined to deny the request for a protective order. See generally, Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *2 (D. Ariz. Apr. 2, 2019) ("...although the documents are largely composed of Plaintiff's medical records, in which Plaintiff has a privacy interest, Plaintiff has placed his medical condition at issue by filing this ERISA action.[)] Krieger, 2012 WL 1623158 at *1 ('Plaintiff put his medical condition at issue when he filed for benefits.
Further sealing whole documents is unacceptable if the documents can be redacted. Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1-2 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking time to redact personal information from documents ordinarily cannot outweigh the public's interest in access.).
Further, even if some of the Report and Recommendation can legally be sealed, that does not justify sealing the whole document. See Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking time to redact personal information from documents ordinarily cannot outweigh the public's interest in access.”)
Further, sealing is not a substitute for redacting. See Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking time to redact personal information from documents ordinarily cannot outweigh the public's interest in access.”)
The burden of redaction does not outweigh the public interest in access to the record. See Culver v. NXP Incorporated Long Term Disability Insurance Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking the time to redact personal information from documents ordinarily cannot outweigh the public's right in access.”)
The burden of redaction does not outweigh the public interest in access to the record. See Culver v. NXP Incorporated Long Term Disability Insurance Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking the time to redact personal information from documents ordinarily cannot outweigh the public's right in access.”)
The burden of redaction does not outweigh the public interest in access to the record. See Culver v. NXP Incorporated Long Term Disability Insurance Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking the time to redact personal information from documents ordinarily cannot outweigh the public's right in access.”)
Again, this balance seems to be best struck via heavy redactions of patient information consistent with Federal Rule of Civil Procedure 5.2(e)(1), so that the actual patient's identity is not revealed, rather than permitting the entirety of discovery to be performed subject to a protective order. See Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1 (D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking time to redact personal information from documents ordinarily cannot outweigh the public's interest in access.”)
Further, although the documents are largely composed of Plaintiff's medical records, in which Plaintiff has a privacy interest, Plaintiff has placed her "medical condition at issue by filing this ERISA action." See, e.g., Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *2 (D. Ariz. Apr. 2, 2019) ("Considering the asserted importance of the medical records to the case, Plaintiff's privacy interest does not outweigh the 'public interest in understanding the judicial process.'"). Accordingly, the Court DENIES the motion to seal (ECF No. 23).
As a result, the Court is inclined to deny the request for a protective order. See generally, Culver v. NXP USA Inc. Long Term Disability Ins. Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *2 (D. Ariz. Apr. 2, 2019) ("...although the documents are largely composed of Plaintiff's medical records, in which Plaintiff has a privacy interest, Plaintiff has placed his medical condition at issue by filing this ERISA action. Krieger, 2012 WL 1623158 at *1 ('Plaintiff put his medical condition at issue when he filed for benefits.