GEO Specialty Chemicals, Inc. v. Kakavand et al

Filing 52

OPINION AND ORDER granting Plaintiff GEO Specialty Chemicals, Inc.s Unopposed Motion of Plaintiff to Seal Certain Portions of the Exhibits to Defendant Gulbrandsen Technologies, Inc.s Identification of Actual or Potential GEO Documents 51 . Signed by Judge William S. Duffey, Jr on 8/24/16. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
GEO SPECIALTY CHEMICALS,
INC.,
Plaintiff,
v.

1:16-cv-2629-WSD

LINDA KORDI KAKAVAND and
GULBRANDSEN
TECHNOLOGIES, INC.,
Defendants.

OPINION AND ORDER
This matter is before the Court on Plaintiff GEO Specialty Chemicals, Inc.’s
(“Plaintiff”) Unopposed Motion of Plaintiff to Seal Certain Portions of the Exhibits
to Defendant Gulbrandsen Technologies, Inc.’s Identification of Actual or
Potential GEO Documents [51]. Plaintiff seeks to file under seal certain
documents and portions of documents in accordance with the August 11, 2016,
Protective Order [35].
Under federal common law, there is a presumption that judicial records are
public documents. See Nixon v. Warner Commun., 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 documents and portions of documents Plaintiff
seeks to file under seal, and finds that the information sought to be protected shows
specific product compositions and other market sensitive information, including
information potentially constituting trade secrets. The Court finds Plaintiff has
shown good cause to deny the public’s common-law right of access to the
particular documents and portions of documents it seeks to file under seal. See id.
at 1245.
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For the foregoing reasons,
IT IS HEREBY ORDERED that Plaintiff GEO Specialty Chemicals, Inc.’s
Unopposed Motion of Plaintiff to Seal Certain Portions of the Exhibits to
Defendant Gulbrandsen Technologies, Inc.’s Identification of Actual or Potential
GEO Documents [51] is GRANTED.

SO ORDERED this 24th day of August, 2016.

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