Bagu v. Crawford et al, No. 5:2021cv00572 - Document 47 (S.D.W. Va. 2022)
Court Description: MEMORANDUM OPINION AND ORDER SEALING EXHIBIT directing the Clerk to file Attachment F to 39 MOTION by K. Crawford, Frobles, G. Shamblin, O. Spradlin, Taylor, Williams to Dismiss or, in the Alternative, for Summary Judgment (ECF No. 39-1 at 29 through 194) under seal. Signed by Magistrate Judge Cheryl A. Eifert on 6/16/2022. (cc: Plaintiff; counsel of record) (ts)
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Bagu v. Crawford et al Doc. 47 Case 5:21-cv-00572 Document 47 Filed 06/16/22 Page 1 of 2 PageID #: 461 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION FRANCISCO E. BAGU, Plaintiff, v. Case No.: 5:21-cv-00572 LT. K. CRAWFORD, et al., Defendants. MEMORANDUM OPINION AND ORDER SEALING EXHIBIT Pending before the Court is the Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. (ECF No. 39). The Court notes that Attachment F submitted with the motion contains records of Plaintiff’s medical care prepared while he has been incarcerated in federal correctional facilities. Due to the confidential nature of the personal health information contained in Attachment F, the Court ORDERS the Clerk to seal Attachment F to Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. (ECF No. 39-1 at 29 through 194). The undersigned is cognizant of the well-established Fourth Circuit precedent recognizing a presumption in favor of public access to judicial records. Ashcraft v. Conoco, Inc., 218 F.3d 288 (4th Cir. 2000). As stated in Ashcraft, before sealing a document, the Court must follow a three-step process: (1) provide public notice of the request to seal; (2) consider less drastic alternatives to sealing the document; and (3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting alternatives. Id. at 302. In this case, Attachment F to the Defendants’ Dockets.Justia.com Case 5:21-cv-00572 Document 47 Filed 06/16/22 Page 2 of 2 PageID #: 462 Motion to Dismiss or, in the Alternative, Motion for Summary Judgment, shall be sealed and will be designated as sealed on the Court’s docket. The Court deems this sufficient notice to interested members of the public. The Court has considered less drastic alternatives to sealing the document, but in view of the nature of the information set forth in the document—which is information generally protected from public release— alternatives to wholesale sealing are not feasible at this time. Pertinent parts of Attachment F used to resolve the pending motion shall be discussed in the Court’s ruling. Accordingly, the Court finds that sealing Attachment F to the Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment, does not unduly prejudice the public’s right to access court documents. Accordingly, the Clerk is DIRECTED to file Attachment F to the Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment, (ECF No. 39-1 at 29 through 194), under seal. The Clerk is instructed to provide a copy of this Order to the Plaintiff and counsel of record. ENTERED: June 16, 2022
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