FOREMAN v. NORFOLK SOUTHERN CORPORATION et al
Filing
34
ORDER DENYING without prejudice 32 Motion to Seal Document. The Parties may resubmit a request to seal within seven (7) days of this Order. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 4/14/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
SAM FOREMAN,
:
:
Plaintiff,
:
:
v.
:
CIVIL ACTION
:
NO. 5:15‐CV‐140
NORFOLK SOUTHERN
:
CORPORATION, and NORFOLK
:
SOUTHERN RAILWAY COMPANY, :
:
Defendants.
:
____________________________________:
ORDER ON MOTION TO FILE MOTION UNDER SEAL
Currently before the Court is Defendants’ Motion to File Under Seal Depositions
and Exhibits in Support of its Motion for Summary Judgment [Doc. 32]. Defendants
request to file under seal all depositions and the corresponding exhibits submitted in
support of its Motion for Summary Judgment due to the sensitive medical information
contained in them.1 For the reasons stated below, Defendant’s Motion [Doc. 32] is
DENIED without prejudice.
It is well‐settled in the Eleventh Circuit that “[t]he operations of the courts and
the judicial conduct of judges are matters of utmost public concern[,]” and the integrity
1 This includes the depositions and exhibits of Plaintiff Sam Forman, Kahyap Patel, M.D.,
Gregory D. Lee, PhD., Anita Euell, and Thaddeus Riley, M.D.
of the judiciary is maintained by the public’s right of access to court proceedings.2
“Once a matter is brought before a court for resolution, it is no longer solely the parties’
case, but also the public’s case.”3 Accordingly, “there is a presumptive right of public
access to pretrial motions of a non‐discovery nature, whether preliminary or
dispositive, and the material filed in connection therewith.”4 However, “[t]he common
law right of access may be overcome by a showing of good cause, which requires
balancing the asserted right of access against the other party’s interest in keeping the
information confidential.”5 In that regard, “[a] partyʹs privacy or proprietary interest in
information sometimes overcomes the interest of the public in accessing the
information.”
In this case, Defendants make a blanket statement that good cause exists to seal
every deposition and exhibit filed in support of its Motion for Summary Judgment “due
to the sensitive material regarding Plaintiff’s medical information contained in the
depositions and deposition exhibits.” Such a conclusory statement falls short of
establishing the necessary good cause, as there are exhibits and portions of the
depositions that do not contain any of Plaintiff’s medical information. Defendants have
not specified sufficient good cause for sealing a particular document or exhibit, nor
have Defendants explained why redacting the record would not suffice to protect the
2 Romero v. Drummond Co., 480 F.3d 1234, 1245 (11th Cir. 2007).
3 Brown v. Advantage Engineering, Inc., 960 F.3d 1013, 1016 (11th Cir. 1992).
4 Romero, 480 F.3d at 1245 (internal quotation omitted).
5 Id.
2
Plaintiff’s privacy interests. While some of the referenced documents may fall within
the scope of confidential information, Defendants must specify which part of the
depositions and exhibits are confidential and explain why their interests in maintaining
the privacy of those documents outweigh the public’s right to access at the summary
judgment stage. Given the presumption in favor of public access, more information is
necessary before the Court may seal the documents.
Accordingly, Defendants’ Motion [Doc. 32] is DENIED without prejudice. The
Parties may resubmit a request to seal within seven (7) days of this Order.
SO ORDERED, this 14th day of April, 2016.
CML/ssh
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
3
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