UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
IN THE MATTER OF RESPONSES
TO MEDICARE DEMAND FILED IN
PRISONER CIVIL RIGHTS
ACTIONS (42 U.S.C. 1983)
GENERAL ORDER
Pursuant to 42 U.S.C. § 1395y(b)(8) and 42 C.F.R. § 411.23, defendants in
prisoner civil rights cases have filed and will continue to file discovery requests pursuant
to Rules 26, 33 and 34 of the Federal Rules of Civil Procedure requesting information
regarding whether the plaintiff has presently, or has ever, been enrolled in Medicare
benefits (hereinafter referred to as "Medicare Demand"), and if yes, requesting additional
information from the plaintiff--e.g., Social Security Number, Medicare Claim Number, Date
of Birth--that is or may be personal and/or confidential pursuant to Rule 5.2 of the Federal
Rules of Civil Procedure and should not be docketed either manually or electronically on
the Clerk of the Court's Docket Report. Because the Court's Local Rules of Civil
Procedure, Rule 7.1(a)(1), direct that all discovery materials in pro se cases be filed, the
Court finds it necessary to direct that the personal and/or confidential information set forth
by plaintiffs in their responses to defendants Medicare Demand be filed and/or docketed
under seal. Accordingly,
IT IS HEREBY ORDERED that all responses of a plaintiff to a Medicare Demand
filed and served by defendants, pursuant to 42 U.S.C. § 1395y(b)(8) and 42 C.F.R. §
411.23, shall be sealed by the Clerk of the Court automatically without further order from
the Court. The response to a Medicare Demand shall not be unsealed, either sua sponte
or on motion by any party, without an order from the District Judge or Magistrate Judge
assigned to the case.
CHARD J. CARlA:
United States (stnct Judge
~
CHARLES J. SIR
Unit S
Senior United States D' trict Judge
Dated: Co ~3 ,2011
Buffal and Rochester, New York
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