Andrew Enes v. City of Milford

New Haven, Connecticut civil rights lawyer represented Plaintiff who sued Defendant on an Americans with Disabilities Act violation theory.

12/10/2021 63 ORDER granting 52 Motion to Seal. Defendant moves to seal certain materials submitted in connection with its motion for summary judgment on the basis that the materials "contain confidential information concerning the Plaintiff's medical conditions[.]" Doc. # 52 at 1. Defendant has provided redacted versions of the memorandum in support of summary judgment, the Rule 56(a) statement, and the primary affidavit in support, redacting only that information directly related to plaintiff's medical conditions. See Doc. # 51 and attachments. The only documents sealed in their entirety are medical records.

The Court has not acted on the motion for summary judgment, and these materials played no role in the outcome of this case, which has been settled by the parties. See Doc. #62. Accordingly, any presumption of access to these materials is minimal, at best. Even if these materials are considered "judicial documents," they may be sealed under the Local Rules in compliance with laws providing for the confidentiality of medical records. See D. Conn. L. R. 5(e)(1)(b)(3) ("A statute mandating or permitting the non-disclosure of a class of documents (e.g., personnel files, health care records, or records of administrative proceedings) provides sufficient authority to support an order sealing such documents.").

Sealing is supported by clear and compelling reasons, and is narrowly tailored to achieve the purposes of sealing. Accordingly, the motion is granted. It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/10/2021. (McCallum, C.) (Entered: 12/10/2021)

12/10/2021 64 ORDER DISMISSING CASE as settled. Judge Thomas O. Farrish has reported that the parties have reached a settlement of this matter. See Doc. #62. The undersigned thanks Judge Farrish for his efforts in this matter.

The Clerk is directed to close this case, without prejudice to reopening on or before January 24, 2022. If the parties wish to file a stipulation of dismissal on the docket, they may do so on or before January 24, 2022. The deadlines set forth in this order may be extended only for good cause shown, by a motion filed in full compliance with the Federal and Local Rules of Civil Procedure, including Local Rule 7(b). It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/10/2021. (McCallum, C.) (Entered: 12/10/2021)