Paul Kitaj, et al. v. Tammy Van Handel, et al.

Summary

The United States District Court for the District of Arizona grants defendants’ motions to exceed the page limitation for their summary judgment motion and statement of facts and to physically file non-electronic exhibits. The court grants in part and denies in part the motion to seal, ordering certain juvenile court and Department of Child Safety records sealed while requiring redactions to other exhibits. The order also accepts the motion for summary judgment and statement of facts as filed and requires the parties to confer and file stipulated redacted copies of specified exhibits.

Holdings

1. A party seeking to seal materials attached to a dispositive motion must satisfy the compelling-reasons standard, even when the materials were previously subject to a protective order or filed under seal.
2. The court granted the motion to seal juvenile dependency records and Department of Child Safety records that primarily concerned minors and other persons subject to child-protective investigations because Arizona confidentiality laws and the sensitive identifying information contained in the records supplied compelling reasons for sealing.
3. The court denied sealing for exhibits primarily concerning plaintiffs because plaintiffs had waived their own confidentiality, but ordered the parties to file stipulated redacted copies protecting identifying information of minors and other persons subject to DCS investigations.

Questions Presented

1. Whether defendants established compelling reasons to seal juvenile dependency and Department of Child Safety records attached to a motion for summary judgment.
2. Whether documents primarily concerning plaintiffs should be sealed in their entirety or instead filed with redactions protecting third-party identifying information.
3. Whether defendants should be permitted to exceed the page limitation for their summary-judgment motion and statement of facts and to file non-electronic exhibits physically.

Disposition

other