Opinion
Civ. No. 19-18394 (NLH)(JS)
11-25-2020
CHRISTOPHER JUSTIN EADS, Plaintiff, v. FEDERAL BUREAU OF PRISONS et al., Defendants.
APPEARANCE: Christopher Justin Eads, 10391-028 Fairton Federal Correctional Institution P.O. Box 420 Fairton, NJ 08320 Plaintiff Pro se Craig Carpenito, United States Attorney Jane Dattilo, Assistant United States Attorney United States Attorney's Office 970 Broad Street 7th Floor Newark, NJ 07102 Attorneys for Defendants
MEMORANDUM ORDER TO SEAL
APPEARANCE: Christopher Justin Eads, 10391-028
Fairton
Federal Correctional Institution
P.O. Box 420
Fairton, NJ 08320
Plaintiff Pro se Craig Carpenito, United States Attorney
Jane Dattilo, Assistant United States Attorney
United States Attorney's Office
970 Broad Street
7th Floor
Newark, NJ 07102
Attorneys for Defendants HILLMAN, District Judge
WHEREAS, Defendants having filed a motion to seal Plaintiff's medical records filed in connection to the Court's November 3, 2020 Order to Show Cause, ECF No. 41; and
WHEREAS, "[i]t is well-settled that there exists, in both criminal and civil cases, a common law public right of access to judicial proceedings and records. The public's right of access extends beyond simply the ability to attend open court proceedings. Rather, it envisions a pervasive common law right to inspect and copy public records and documents, including judicial records and documents." In re Cendant Corp., 260 F.3d 183, 192 (3d Cir. 2001) (internal citations and quotation marks omitted); and
WHEREAS, the Court makes the following findings of fact and conclusions of law, pursuant to Local Civil Rule 5.3(c); and
WHEREAS, the Court finds that the Order to Show Cause, ECF No. 38, raises issues implicating Plaintiff's health; and
WHEREAS, the Court finds that it is necessary for Defendants to provide available medical records to respond to the Order to Show Cause; and
WHEREAS, the Court finds that the medical records at issue, ECF No. 40, contain confidential and private information concerning Plaintiff's health; and
WHEREAS, the Court finds that disclosure of those records to the public in full, via publication on the Court's docket, is unnecessary and would amount to the disclosure of confidential and private information and could injure Plaintiff's interest in keeping such information confidential and private; and
WHEREAS, the Court finds that, because the entire contents of documents at issue are relevant to the Order to Show Cause, a less restrictive alternative to sealing the full records is not available; and
WHEREAS, the Court finds that referencing certain facts contained in those record is nonetheless necessary to balance the right of the public to access public records and documents, including judicial records and documents; and
WHEREAS, the Court finds that good cause exists to seal the full documents at issue under the considerations set forth in Pansy v. Borough of Stroudsburg, 23 F.3d 772, 787 (3d Cir. 1994), and Local Civil Rule 5.3(c). The Court therefore permits the requested documents to be maintained under seal except to the extent the Court references certain contents of those records in explaining its decision on the merits,
THEREFORE, IT IS on this 25th day of November, 2020
ORDERED that the request to seal Defendants' exhibits, ECF No. 41, be, and the same hereby is, granted; and it is further
ORDERED that the exhibits docketed at ECF No. 40 shall be sealed, Local Civil Rule 5.3(c); and it is finally
ORDERED that the Clerk shall send Plaintiff a copy of this Order by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J. At Camden, New Jersey