United States District Court, E.D. Wisconsin
JOSHUA L. WESTEDT, Plaintiff,
SGT. DARRYL FRANKLIN, Defendant.
WILLIAM E. DUFFIN, U.S. MAGISTRATE JUDGE
matter is now before the court on defendant Darryl
Franklin’s motion to seal documents and several motions
filed by plaintiff Joshua Westedt.
Motions to Seal Documents
February 29, 2016, in connection with his motion for summary
judgment Franklin filed a motion to seal documents. He states
that he would not normally file medical records under seal in
a claim such as this one but Westedt specifically requested
that Franklin’s counsel file Westedt’s medical
records under seal.
March 7, 2016, Westedt filed his own motion to seal
documents. (ECF No. 70.) He asks the court to seal several
paragraphs in the defendants’ Proposed Findings of Fact
(ECF No. 63) and several paragraphs in the Declaration of
Deborah Walrath (ECF No. 61). According to Westedt, these
portions of the subject documents disclose health information
gained from medical records protected by the Health Insurance
Portability and Accountability Act (HIPAA).
sealing any part of the record the court must make a
determination of good cause. Citizens First Nat’l
Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943,
944 (7th Cir. 1999); Gen. L.R. 79(d)(3) (E.D. Wis.). Although
the parties agree to sealing Westedt’s medical records,
it is improper to delegate that decision to the parties by
giving them a virtual carte blanche to seal whatever portions
of the record they want to seal. Id. “The
parties to a lawsuit are not the only people who have a
legitimate interest in the record compiled in a legal
court recognizes Westedt’s concerns regarding the
availability of his medical information in a public forum.
The court concludes that good cause exists to place
Westedt’s certified medical records under seal, but the
good cause does not extend to those portions of the records
so relevant to Westedt’s claim that they have been
cited or quoted by the parties or the court in other
the court will fashion a hybrid remedy. To the extent that
the information from the medical records is incorporated into
other documents filed by the parties or orders issued by this
court, that information will remain visible to the public.
The court otherwise will grant Franklin’s motion to
seal the medical records themselves and deny Westedt’s
motion to seal portions of Franklin’s Proposed Findings
of Fact and Walrath’s Declaration.
Motion to Dismiss Claim for Denial of Medical Treatment
filed a motion on March 16, 2016, asking the court to dismiss
with prejudice his claim for denial of medical treatment.
Westedt admits that he is unable to meet his burden of proof
on this claim. Alternatively, Westedt says that he will not
contest entry of summary judgment on this claim. The court
will grant this motion and when deciding Franklin’s
motion for summary judgment will consider only the excessive
Motions for Extension of Time
March 23, 2016, Westedt filed a motion for extension of time
asking for an extension of his deadline to respond to
Franklin’s motion for summary judgment to May 13, 2016.
He also asked for an actual due date so that he could be
eligible for extra law library time. Westedt represented that
the library hours were cut back and he needed additional time
to prepare his response.
court concludes that Westedt’s motion sets forth good
cause to extend his time to respond to Franklin’s
motion for summary judgment and will grant the motion and