United States District Court, W.D. Kentucky, Louisville
ELLA J. FAUSZ, individually, and on behalf of a class of similarly situated persons PLAINTIFFS
NPAS, Inc. DEFENDANT
CHARLES R. SIMPSON III, SENIOR JUDGE
matter is before the Court on the motion of Defendant NPAS,
Inc. (NPAS) for leave to file under seal its partial
objection to Magistrate Judge Dave Whalin's order dated
January 11, 2017 that denied its motion for a protective
order and granted Plaintiff Ella J. Fausz's motion for
sanctions. Mot. Seal 1, ECF No. 61. NPAS also moves to file
under seal the accompanying exhibits A, B, C, D, E, F, G, and
H. Id. NPAS filed its partial objection to the
magistrate judge's order in the usual course. Part. Obj.
1, ECF No. 62. NPAS, however, tendered the eight accompanying
exhibits under seal. Ex. A-H, ECF No. 63. For the reasons
explained below, the Court will grant in part and deny in
part NPAS's motion to file under seal its partial
objection to the magistrate judge's order and the
accompanying exhibits A, B, C, D, E, F, G, and H.
Court previously explained, Fausz asserts that NPAS violated
the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C.
§ 1692 et seq. by failing to provide certain
information in correspondence with her. Compl.
¶¶ 23-26, ECF No. 1. In August 2016, Fausz moved
for sanctions against NPAS for violating a previous
discovery-related order of the magistrate judge that was
dated January 5, 2016. Mot. Sanctions 1, ECF No. 48.
magistrate judge granted Fausz's motion for sanctions and
mandated that NPAS, among other actions, “pay the
reasonable and necessary costs and attorney fees incurred by
[Fausz] in bringing the present motion for
sanctions.” Order 1/14/17 23, ECF No. 59.
has filed an objection to the portion of the magistrate
judge's order that granted Fausz's motion for
sanctions. Obj. 1, ECF No. 62. NPAS filed its partial
objection in the usual course. Id. It filed the
following eight exhibits under seal:
• Exhibit A. HCA Holdings, Inc. Comprehensive Health
Care Liability Policy
• Exhibit B. A training power point presentation
entitled, “Fair Debt Collection Practices Act:
Compliance Training” • Exhibit C. HealthStream
Quiz regarding the FDCPA
• Exhibit D. Parallon training and procedures materials
regarding how to handle patient accounts
• Exhibit E. Patient account information
• Exhibit F. Additional patient account information
• Exhibit G. Available data entry points
• Exhibit H. Patient letters with coding ...