United States District Court, M.D. Louisiana
JUNE MEDICAL SERVICES, LLC, d/b/a HOPE MEDICAL GROUP FOR WOMEN, on behalf of its patients, physicians and staff, ET AL.
REBEKAH GEE, in her official capacity as Secretary of Health of the Louisiana Department of Health, ET AL.
RULING AND ORDER
A. JACKSON JUDGE UNITED STATES DISTRICT COURT
the Court is Defendants' Motion to Vacate and Unseal
(Doc. 207). Plaintiffs opposed this motion. (Doc. 219). Oral
argument is not required. For the reasons stated below,
Defendants' motion is DENIED.
motion sub-judice arises from the Court's
October 19, 2018 order sealing certain pleadings in this
matter (Doe. 203). Plaintiffs John Doe 1, John Doe 2, and
John Doe 3 (the "Doe Doctors") filed a motion for a
Protective Order, seeking to proceed under pseudonyms due to
the potential risks the Doe Doctors and those associated with
them may face if their identities were publicly revealed.
(Doc. 8). The Court granted that motion. (Doc. 12).
Thereafter, the parties conferred and jointly petitioned the
Court to memorialize the agreed upon terms of a subsequent
protective order ("Second Protective Order"). (Doc.
subpoenaed the "complete files" of certain
physicians from the Louisiana State Board of Medical
Examiners ("LSBME"). (Doc. 199 at p. 2). The
Magistrate Judge entered an order quashing part of the
subpoena. (Id. at p. 4) Defendants then urged the
District Court to review the Magistrate Judge's order,
and attached multiple documents that revealed personally
identifying information of two non-party abortion providing
doctors ("non-Doe Doctors").
filed an emergency motion to strike Defendants' motion to
review the Magistrate Judge's order on the grounds that
it disclosed the identities of non-Doe Doctors, in
contravention of the terms of the Second Protective Order.
(Doc. 95). The Court denied Plaintiffs' motion to seal
all of Defendant's motion, but ordered Docs 201-1 through
201-7 be sealed until further orders of the Court.
(Id.), Defendants now move for the Court to vacate
its October 19, 2018 Order and unseal the documents. (Doc.
207). Plaintiffs oppose the motion. (Doc. 219).
LEGAL STANDARD Fed.R.Civ.P. 60 provides that:
Grounds for Relief from a Final Judgment, Order, or
motion and just terms, the court may relieve a party or its
legal representative from a final judgment, order, or
proceeding for the following reasons:
(1) mistake, inadvertence, surprise, or excusable neglect;
(2) newly discovered evidence that, with reasonable
diligence, could not have been discovered in time to move for
a new trial under Rule 59(b);
(3) fraud (whether previously called intrinsic or extrinsic),
misrepresentation, or misconduct by an opposing party;
(4) the judgment is void;
(5) the judgment has been satisfied, released, or discharged;
it is based on an earlier judgment that has been reversed or
vacated; or applying it ...