Morris et al v. Tyson Chicken Inc et al
Filing
237
MEMORANDUM OPINION AND ORDER signed by Senior Judge Joseph H. McKinley, Jr. on 9/1/20; granting 231 Motion to Seal Document 231 MOTION for Leave to Seal Document 230 Response. cc: Counsel(DJT)
Case 4:15-cv-00077-JHM-HBB Document 237 Filed 09/01/20 Page 1 of 2 PageID #: 8034
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
OWENSBORO DIVISION
CIVIL ACTION NO: 4:15-CV-00077-JHM
CHARLES MORRIS, et al.
PLAINTIFFS
V.
TYSON CHICKEN, INC., et al.
DEFENDANTS
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Defendants’ Motion to Seal Exhibits to its Response to
Plaintiffs’ Counterstatements of Uncontroverted Fact. [DN 231]. Defendants seek to seal Table 3
and Figure 1 from Thomas Elam’s expert report, and Figures 8 and 9 from Walter Thurman’s expert
report. [Id. at 2]. Fully briefed, the matter is ripe for decision.
I. LEGAL STANDARD
Federal Rule of Civil Procedure 5.2(d) allows courts to order that a filing be made under seal
without redaction. Local Rule 5.6 also permits a party to move to file a document under seal. The
Sixth Circuit “recognize[s] . . . a ‘strong presumption in favor of openness’ as to court records.”
Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir. 2016) (citation
omitted). The party that seeks to seal the records bears the heavy burden of overcoming that
presumption where “[o]nly the most compelling reasons can justify non-disclosure of judicial
records.” Id. (citations omitted).
As such, “[t]o meet this burden, the party must show three things: (1) a compelling interest
in sealing the records; (2) that the interest in sealing outweighs the public’s interest in accessing the
records; and (3) that the request is narrowly tailored. Kondash v. Kia Motors Am., Inc., 767 F. App'x
635, 637 (6th Cir. 2019) (citation omitted). “Where a party can show a compelling reason for sealing,
the party must then show why those reasons outweigh the public interest in access to those records
Case 4:15-cv-00077-JHM-HBB Document 237 Filed 09/01/20 Page 2 of 2 PageID #: 8035
and that the seal is narrowly tailored to serve that reason.” Id. (citation omitted). “To do so, the party
must ‘analyze in detail, document by document, the propriety of secrecy, providing reasons and legal
citations.’” Id. (citation omitted). If a district court opts to seal court records, “it must set forth
specific findings and conclusions ‘which justify nondisclosure to the public.’” Rudd Equip. Co., Inc.
v. John Deere Constr. & Forestry Co., 834 F.3d 589, 594 (6th Cir. 2016) (citation omitted).
II. DISCUSSION
“Courts can deny access to court records that could be used ‘as sources of business
information that might harm a litigant's competitive standing.’” Caudill Seed & Warehouse Co., Inc.
v. Jarrow Formulas, Inc., No. 3:13-CV-82-CRS-CHL, 2017 WL 3220470, at *2 (W.D. Ky. July 28,
2017) (citation omitted). Both Plaintiffs and Defendants agree that the table and figures Defendants
seek to seal contain similar information to what this Court has already granted leave to seal—the
Court agrees too. [DN 231 at 1, DN 233 at 1]. The table and figures contain confidential business
information that could harm Tyson’s competitive standing, which outweighs the public’s interest in
accessing the records. [See DN 218]. Defendants’ request is also narrowly tailored. Finally, the
Court addressed Plaintiffs’ complaint [DN 233 at 1–2] that Defendants filed Thurman’s report
unredacted on the public docket in a separate Memorandum Opinion and Order [DN 236].
III. CONCLUSION
For the reasons set forth above, IT IS HEREBY ORDERED Defendants’ Motion to Seal
Exhibits to its Response to Plaintiffs’ Counterstatements of Uncontroverted Fact [DN 231] is
GRANTED.
September 1, 2020
cc: counsel of record
2
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