34-2013-00140002

Lynda Banks vs. Dignity Health

Nature of Proceeding: Motion for Order Sealing Record

Filed By: Salenko, Bruce E.

Defendant Dr. Liang’s motion to seal the Declarations of Bruce E. Selenko and William
K. Hoddick, M.D. submitted in support of Defendant’s motion for summary judgment is
DENIED without prejudice.

In the Court’s April 8, 2014 Order on Defendant’s motion for summary judgment,
Defendant was directed to “lodge (not file) with the Court an appropriately redacted by
otherwise identical version of both the Selenko and Hoddick Declarations to which
various exhibits containing plaintiff’s unredacted private medical information were
attached.”

In an attempt to comply with the Court’s directions, Defendant filed a motion to seal on
April 15, 2014. However, Defendant did not properly lodge the Declarations pursuant
to CRC 2.551(d). Rather, the Declarations were filed in their entirety and now appear
in the Court’s CCMS system. Moreover, the private medical information remains
unredacted. Additionally, the motion to seal the entirety of the Declarations is not
narrowly tailored as there is also non-private information and exhibits included in the
Declarations.

As a general rule, given the personal and private nature of medical records and given
the particularly sensitive nature of the records in this case, it would be appropriate to
redact the entire contents of the medical records and not just the patient’s name, date
of birth, etc. Where multiple pages of medical records are being redacted in their
entirety, the submitting party may replace those pages with a single page which
identifies all the pages of the exhibit (e.g., Pages 1-25; Pages 1-100, etc.) which have
been redacted to protect the patient’s privacy.

Defendant shall no later than May 20, 2014 re-file and serve an appropriate motion to
seal the “Declarations of Bruce E. Selenko and William K. Hoddick, M.D. in support of
Defendant’s motion for summary judgment “, and lodge a properly redacted version of
same which is proposed to be filed and which will thereafter be available to the public.

Because the proposed sealed versions of the “Declarations of Bruce E. Selenko and
William K. Hoddick, M.D. in support of Defendant’s motion for summary judgment ”
filed on April 15, 2014 and April 16, 2014 but back-dated to January 16, 2014 and
January 17, 2014, were not properly redacted, Defendant must also move to seal
these documents. Defendant may include in the motion ordered above their request to
seal the proposed versions of the Declarations.

The clerk is directed to change the security clearance for the “Declaration of
Bruce E. Selenko in support of Defendant’s motion for summary judgment” filed
on April 15, 2014 but back-dated to January 16, 2014 , and the “Declaration of
William K. Hoddick, M.D. in support of Defendant’s motion for summary
judgment” filed on April 16, 2014 but back-dated to January 17, 2014.

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.