2016-00188931-CU-MM

Oksana Hawk vs. Sutter Health

Nature of Proceeding: Motion for Order Sealing Record

Filed By: Zee, Jacqueline C.

Defendant Manu Saini MD’s Motion for Order Sealing Record is unopposed and is granted.

Plaintiffs allege that defendant committed medical malpractice in the manner in which he placed an intrauterine device in treating Oksana Hawk while she was pregnant, allegedly causing the demise of the fetus.

Defendant has filed a motion for summary judgment with supporting exhibits that consist of plaintiff’s medical records and medical history. Defendant now moves to file specific parts of this motion under seal to protect plaintiffs privacy rights under the Health Insurance Portability and Accountability Act (HIPAA) and under

the California Constitution, which overcome the right for public access to the records

Defendant seeks a Court Order permitting him to file the following records under seal:

1. Defendant’s Separate Statement of Undisputed Material Facts, in its entirety.

2. Defendant’s Memorandum of Points and Authorities in Support of Motion for Summary Judgment or, in the altemative, Summary Adjudication, in its entirety;
3. Declaration of Carolyn Salafia, M.D., in its entirety;
4. Declaration of Jacqueline C. Zee, Esq., with supporting exhibits, in its entirety.

Under California Rules of Court, rule 2.551, a record must not be filed under seal without a court order. (Cal. Rule of Court, Rule 2.551(a).) The Court may order that a record be placed or filed under seal if it expressly finds that:

(1) There exists an overriding interest that overcomes the right of public access to the record;
(2) The overriding interest supports sealing the record;
(3) A substantial probability exists that the overriding interest will be prejudiced if the record is not sealed;

(4) The proposed sealing is narrowly tailored; and
(5) No less restrictive means exist to achieve the overriding interest. (Cal. Rule of Court, Rule 2.550(d).)

There is a strong privacy interest in sealing Defendant’s accompanying motion to avoid public disclosure of the plaintiffs private health information. (Decl. of Jacqueline C. Zee, ¶ 6.)

The Court finds that each of the five requirements above have been met in this case and therefore grant’s the unopposed motion to seal records.