Melissa Lammert v. Wellpath, LLC; Jeannette Lynn Simmons; Lynn Ilarraza; Brenda Wendt; and John Does #1–#5

Summary

The United States District Court for the District of Colorado addresses Defendants’ motion to restrict filings concerning a motion to modify the scheduling order and related exhibits. The court denies the restriction request in part and without prejudice in part, finding that the defendants did not sufficiently identify confidential medical information or provide adequate legal support under the applicable local rules. The court maintains the filings under Level 1 restriction until April 24, 2026, and permits the defendants to file a compliant renewed motion.

Holdings

1. A party seeking to restrict court documents must identify the interest to be protected, explain why it outweighs the presumption of public access, identify a clearly defined and serious injury, explain why no less restrictive alternative is practicable, and provide legal support for the requested restriction. Generalized assertions that documents contain confidential medical information or are protected by HIPAA are insufficient.
2. Exhibits 2, 3, 4, and 10 could not remain restricted at Level 1 on the showing made because they consisted of deposition notices prepared by Plaintiff and did not appear to contain Defendants’ descriptions of personal medical information.
3. The request to restrict the remaining exhibits was denied without prejudice, while the court temporarily maintained Level 1 restriction on the motion to modify the scheduling order and the grouped exhibits until April 24, 2026, to allow Defendants to file a compliant motion or redacted documents.

Questions Presented

1. Whether Defendants satisfied the requirements for restricting court filings based on generalized references to personal medical information and HIPAA.
2. Whether the deposition notices could properly be restricted when they were prepared by Plaintiff and did not appear to contain Defendants’ descriptions of medical information.
3. Whether the court should deny without prejudice the request to restrict the remaining exhibits and temporarily maintain restriction to allow a compliant renewed motion.

Disposition

other