United States 9th Circuit, Nov. 7, 2011
Father M; Father D v. Various Tort
Claimants, (In re Roman Catholic Archbishop of Portland) No.
10-35206
http://www.ca9.uscourts.gov/datastore/opinions/2011/11/07/10-35206.pdf
The 9th Circuit first reviewed the bankruptcy court’s ruling
under FRCP 26(c) allowing release of Fathers M and D’s
personnel files, which were produced during discovery but
not filed with the court. Upholding the bankruptcy court’s
ruling, the 9th Circuit agreed that FRCP 5.2 makes certain
types of confidential information presumptively
confidential, but that nothing in FRCP 26(c), or any other
rule, contained a similar intent by the drafters to presume
confidentiality of all sensitive information about third
parties. The 9th Circuit also reviewed the bankruptcy
court’s balancing the individuals’ privacy interests against
the public’s interest (in this case, public safety).
Finally, the 9th Circuit reviewed whether the files
constituted “scandalous” material under Bankruptcy Code §
107(b). Finding that Bankruptcy Code § 107 preempts the
common law right of access to bankruptcy proceedings, the
9th Circuit determined that Father D’s identifying
information had to be redacted due to the “scandalous”
nature of the information.
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