GOT I, LLC et al v. XRT, Inc. et al
OPINION AND ORDER granting Plaintiffs GOT I, LLC and Kids II, Inc.s Motions for Leave to File Matters Under Seal 40 , 59 and granting Defendants XRT, Inc. and David Eugene Silverglates Motion for Leave to File Matters Under Seal 49 . Defendants are required to file, on or before October 21, 2016, the APA with the redactions required by the Order. Signed by Judge William S. Duffey, Jr on 10/14/16. (ddm)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
GOT I, LLC and KIDS II, INC.,
XRT, INC. and DAVID EUGENE
OPINION AND ORDER
This matter is before the Court on Plaintiffs GOT I, LLC and Kids II, Inc.’s
(“Plaintiffs”) Motions for Leave to File Matters Under Seal , , and
Defendants XRT, Inc. and David Eugene Silverglate’s Motion for Leave to File
Matters Under Seal .
Plaintiffs filed their Motion for Leave to File a Third Amended Complaint
, and attached to the Motion their proposed Third Amended Complaint [38.1].
The proposed Third Amended Complaint contains redactions to certain allegations
regarding the details of a confidential royalty agreement. Plaintiff’s Third
Amended Complaint  also contains these redactions. Plaintiffs seek to file
under seal un-redacted versions of the proposed Third Amended Complaint and the
Third Amended Complaint. Defendants seek to file under seal the Asset Purchase
Agreement (“APA”) between the parties, which is filed as Exhibit 2 to the
Declaration of David Silverglate submitted with Defendants’ Motion for Partial
Summary Judgment [48.1].
Under federal common law, there is a presumption that judicial records are
public documents. See Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597
(1978); Chicago Tribune Co. v. Bridgestone/Firestone, 263 F.3d 1304, 1311 (11th
Cir. 2001). The public’s common-law right of access is not absolute, however, and
“may be overcome by a showing of good cause.” Romero v. Drummond Co., 480
F.3d 1234, 1245 (11th Cir. 2007). “[W]hether good cause exists . . . is . . . decided
by the nature and character of the information in question.” Id. at 1246 (quoting
Chicago Tribune, 263 F.3d at 1315). Courts deciding whether to seal documents
must balance “the public interest in accessing court documents against a party's
interest in keeping the information confidential.” Id. In balancing these interests,
“courts consider, among other factors, whether allowing access would impair court
functions or harm legitimate privacy interests, the degree of and likelihood of
injury if made public, the reliability of the information, whether there will be an
opportunity to respond to the information, whether the information concerns public
officials or public concerns, and the availability of a less onerous alternative to
sealing the documents.” Id.
The Court has reviewed the redactions made to the documents Plaintiff seeks
to file under seal, and finds the information sought to be protected is information
regarding the specific details of a confidential royalty agreement. The Court finds
the Plaintiff has shown good cause to deny the public’s common-law right of
access to the particular documents they seek to file under seal. See id. at 1245.
With respect to the APA Defendants seek to file under seal, the Court finds
the majority of the information contained in the APA is boilerplate contract
language that is not sensitive information. The Court finds the following
information may be redacted from the APA:
Page (ECF Pagination) and Section
Pages 11-12, Section 3.1(c)
Page 12, Section 3.2
Page 13, Section 3.4(a)
Specific Language to be Redacted
All language in romanettes (i) and (ii)
Redact from word after “Price” through
word before “(the ‘Escrow Amount’)”
Redact dollar amounts
Page 13, Section 3.5(a)
Redact dollar amounts and percentage
Page 18, Sections 5.8(a), (c)
Redact dollar amounts
Page 23, Sections 5.16(e), (j)
Redact dollar amounts
Page 45, Section 14.7(a)
Redact dollar amount
For the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiffs GOT I, LLC and Kids II, Inc.’s
Motions for Leave to File Matters Under Seal ,  are GRANTED.
IT IS FURTHER ORDERED that Defendants XRT, Inc. and David
Eugene Silverglate’s Motion for Leave to File Matters Under Seal  is
GRANTED. Defendants are required to file, on or before October 21, 2016, the
APA with the redactions required by the Order.
SO ORDERED this 14th day of October, 2016.
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