COX et al v. SHERMAN CAPITAL LLC et al

Filing 322

ORDER - granting #282 Motion for Leave to File under Seal ; The Court ORDERS Defendants to file, within seven days of the date of this order, a motion pursuant to Fed. R. Civ. P. 26(c) to seal any specific portions of Plaintiffs' submissions that Defendants believe should be maintained by the Court under seal. Defendants' motion to seal, from which only the information Defendants seek to maintain under seal should be redacted, which redacted copies shall not be filed under seal. Failure by Defendants to timely file the motions to seal required by this order shall result in the unsealing of the related documents. Signed by Magistrate Judge Mark J. Dinsmore on 10/10/2014. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ANDREW COX, et al.

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Plaintiffs,
vs.
SHERMAN CAPITAL LLC, et al.
Defendants.

No. 1:12-cv-01654-TWP-MJD

ORDER ON PLAINTIFFS’ MOTION TO SEAL
This matter comes before the Court on Plaintiffs’ Motion for Leave to File Material under
Seal Pursuant to Stipulated Protective Order. [Dkt. 282.] Plaintiffs in this motion ask to file their
Response to Defendants’ Supplemental Brief under seal on the grounds that the response
contains information designated confidential by Defendants. [Id. at 1.]
Previously in this litigation, the Court has allowed Plaintiffs to file material under seal
when the material includes information that, pursuant to the Stipulated Protective Order [Dkt.
73], Defendants have designated confidential. [See Dkts. 119 & 276.] In such cases, however, the
Court has then required Defendants to file contemporaneous motions to 1) keep under seal those
portions of Plaintiffs’ submissions that Defendants believe should remain sealed; and 2) unseal
those portions of Plaintiffs’ submissions that Defendants do not believe need to remain sealed.
[Id.]
The Court will follow the same procedure with Plaintiffs’ Response to Defendants’
Supplemental Brief. The Court therefore GRANTS Plaintiffs’ Motion for Leave to File Material
under Seal Pursuant to Stipulated Protective Order. [Dkt. 282]. The Court ORDERS Defendants
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to file, within seven days of the date of this order, a motion pursuant to Fed. R. Civ. P. 26(c) to
seal any specific portions of Plaintiffs’ submissions that Defendants believe should be
maintained by the Court under seal. Such motion shall cite to and comply with the relevant Rules
and case law governing such motions. Contemporaneous with that motion to seal, Defendants
shall file a motion to unseal any portions of Plaintiffs’ submission that Defendants do not believe
should be maintained under seal, along with copies of Plaintiffs’ brief and any exhibits subject to
Defendants’ motion to seal, from which only the information Defendants seek to maintain under
seal should be redacted, which redacted copies shall not be filed under seal.
Failure by Defendants to timely file the motions to seal required by this order shall result
in the unsealing of the related documents.
Date: 10/10/2014

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Distribution:
Robert D. Cheesebourough
[e-mail]
Matthew D. Boruta
CHEESEBOUROUGH & BORUTA
[e-mail]
Amy E. Romig
PLEWS SHADLEY RACHER & BRAUN
[e-mail]
Frederick D. Emhardt
PLEWS SHADLEY RACHER & BRAUN
[e-mail]
George M. Plews
PLEWS SHADLEY RACHER & BRAUN
[e-mail]
Jeffrey A. Townsend
PLEWS SHADLEY RACHER & BRAUN
[e-mail]
Peter M. Racher
PLEWS SHADLEY RACHER & BRAUN
[e-mail]
David A. Maas
REED SMITH LLP
[e-mail]
Gary S. Caplan
REED SMITH LLP
[e-mail]
James A. Rolfes
REED SMITH LLP
[e-mail]
Michael L. DeMarino
REED SMITH LLP
[e-mail]

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Thomas L. Allen
REED SMITH LLP
[e-mail]
James W. Riley, Jr.
RILEY BENNETT & EGLOFF LLP
[e-mail]

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