Castro v. Outdoorsmans Resale, Inc.

Background

Felix Castro brought this proposed class action against Outdoorsmans Resale, Inc., alleging that the defendant’s website was not equally accessible to blind and visually impaired consumers, in violation of the Americans with Disabilities Act and state and local laws. The parties later filed a stipulation of dismissal. The court then required the plaintiff’s counsel to submit a letter and medical records concerning counsel’s medical issues.

The plaintiff asked the court to seal the letter and accompanying medical documentation, with the defendant’s consent. The submission stated that the documents contained sensitive medical information protected by the Health Insurance Portability and Accountability Act’s privacy rules and that the information was unrelated to the case’s merits or outcome.

Legal standard

A court filing may be sealed only when sealing is narrowly tailored to protect a justification that outweighs the presumption that judicial records should be publicly accessible. Courts consider whether the filing is a judicial document, the strength of the public-access presumption, and the competing interests favoring confidentiality. Privacy interests of innocent third parties may weigh heavily, especially when the information is only tangentially related to the court’s work in the case.

Ruling

Judge Jesse M. Furman found that the attorney’s privacy interests in the details of the medical information and records outweighed the presumption of public access. The court granted the application, directed the Clerk of Court to maintain ECF No. 40 under seal, and directed the clerk to terminate ECF No. 39.