Luckert

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL L LUCKERT, Case No. 19-cv-08204-PJH

Plaintiff,

ORDER GRANTING MOTION TO FILE

v. UNDER SEAL

O. SMITH, et al., Re: Dkt. No. 49 Defendants.

12 Plaintiff, a detainee, proceeds with a pro se civil rights complaint under 42 U.S.C. § 1983. Defendants have filed a motion to dismiss for failure to prosecute or in the alternative for summary judgment. As part of the motion defendants have included plaintiff’s medical records from the Jail Health Services and the San Francisco Department of Public Health. These records contain plaintiff’s sensitive and private health information that is protected by the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 1320d, et seq., and the California Confidentiality of Medical Information Act, Cal. Civ. Code § 56, et seq. Defendant’s request that these records be filed under seal. “The proponent of sealing bears the burden with respect to sealing. A…