Opinion
CRIMINAL CASE NO. 1:17-cr-00143-MR-WCM-3
10-05-2020
UNITED STATES OF AMERICA, Plaintiff, v. KASEY LYNN KEFFER, Defendant.
ORDER
THIS MATTER is before the Court on the Government's Motion to Seal [Doc. 90].
The Government moves the Court for leave to file under permanent seal the BOP medical records [Doc. 91] filed in support of its Response to the Defendant's Motion for Compassionate Release. For grounds, counsel states that the medical records contain highly personal and confidential material concerning the Defendant's medical conditions. [Doc. 90].
Before sealing a court document, the Court must "(1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object, (2) consider less drastic alternatives to sealing the documents, and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting the alternatives." Ashcraft v. Conoco, Inc., 218 F.3d 288, 302 (4th Cir. 2000). In the present case, the public has been provided with adequate notice and an opportunity to object to the Government's motion. The Government filed its motion on September 29, 2020, and such motion has been accessible to the public through the Court's electronic case filing system since that time. Further, the Government has demonstrated that the subject medical records contain sensitive information concerning the Defendant and that the public's right of access to such information is substantially outweighed by the Defendant's competing interest in protecting the details of such information. See United States v. Harris, 890 F.3d 480, 492 (4th Cir. 2018). Finally, having considered less drastic alternatives to sealing the documents, the Court concludes that sealing of these medical records is necessary to protect the Defendant's privacy interests.
IT IS, THEREFORE, ORDERED that the Government's Motion to Seal [Doc. 90] is GRANTED, and the medical records submitted in support of the Government's Response [Doc. 91] shall be filed under seal and shall remain under seal until further Order of the Court.
IT IS SO ORDERED.
Signed: October 5, 2020
/s/_________
Martin Reidinger
Chief United States District Judge