Trafficware Group, Inc. v. Sun Industries,LLC et al

Filing 162

RULING : Command's 146 , 150 Motions for Leave to File Motion for Attorneys Fees and Motion to Tax Costs Under Seal are DENIED. Command's 147 Motion for Oral Argument is DENIED. The Courts 149 ORDER Granting Commands Sealed Motion for Leave to File Motion for Attorneys Fees and Motion to Tax Costs Under Seal is hereby VACATED and the Seal is hereby Lifted. Signed by Judge Shelly D. Dick on 5/30/2017. (LLH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

TRAFFICWARE GROUP, INC.,
INDIVIDUALLY AND AS SUCCESSOR IN
INTEREST TO NAZTEC, INC.

CIVIL ACTION

VERSUS

15-106-SDD-EWD

SUN INDUSTRIES, LLC, SUN
ELECTRICAL & INSTRUMENTATION, LLC
AND MERCHANTS BONDING COMPANY
RULING
This matter is before the Court on the Motion for Reconsideration1 filed by Sun
Electrical & Instrumentation, LLC (“Sun”). Sun moved the Court for reconsideration of
its Order2 granting the motion by Command Construction Industries, LLC (“Command”)
to file its motion for attorneys’ fees and to tax costs under seal.3
Based on an allegation that Command’s billing records contained billing privilege
and work product information and, following an opposition to the Seal by Sun, the Court
Ordered that:
Considering that these matters should generally be part of the public record
unless good cause is shown to be filed under seal, the Court will grant Sun’s
Motion for Reconsideration, and Command is hereby ordered to direct the
Court to the specific portions of the exhibits that it seeks to be maintained
under seal.

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2
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Rec. Doc. No. 152.
Rec. Doc. No. 149.
Rec. Doc. No. 146.

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Command filed a Response 4 indicating that the Parties have agreed that
Command’s Motion for Attorney’s Fees may remain under seal. The Parties apparently
misunderstood the Court’s wishes. The Court, not the Parties, “has supervisory authority
over its records.”5 The general rule is that Court records are to be open and accessible
to the public. “The right to public access ‘serves to promote trustworthiness of the judicial
process, to curb judicial abuses, and to provide the public with a more complete
understanding of the judicial system, including a better perception of its fairness.’”6 The
Fifth Circuit instructs that District Courts “must use caution in exercising its discretion to
place records under seal”, a discretion which must be “used charily”.7 “Public confidence
[in our judicial system] cannot long be maintained where important judicial decisions are
made behind closed doors and then announced in conclusive terms to the public, with the
record supporting the court's decision sealed from public view.”8
The Parties fail to demonstrate good grounds to overcome the “strong
presumption” that all filings and proceedings be open to the public. Command contends
that the legal invoices attached in support of its Motion for Attorney’s Fees contain
attorney client privilege information and attorney work product. However, Command has
agreed to provide un-redacted legal invoices to Sun, under the proviso that they not be
disseminated to any third parties. If indeed the legal invoices contain information subject
to the attorney client privilege or the work product doctrine, the privilege has been waived

4

Rec. Doc. 160.
U.S. v. Holy Land Foundation For Relief and Development, 624 F.3d 685, 689 (5th Cir.2010)
6
Id. citing, Littlejohn v. BIC Corp., 851 F.2d 673, 682 (3d Cir.1988).
7
Id. citing, Fed. Sav. & Loan Ins. Corp. v. Blain, 808 F.2d 395, 399 (5th Cir.1987) and Publicker Indus.,
Inc. v. Cohen, 733 F.2d 1059 (3d Cir.1984).
8
Id. citing, In re High Sulfur Content Gasoline Prods. Liab. Litig., 517 F.3d 220, 230 (5th Cir.2008) (quoting
United States v. Cianfrani, 573 F.2d 835, 851 (3d Cir.1978)) (alteration omitted).
2
5

by production of the invoices to counsel for Sun.
Hence, Command’s Motion for Leave to File Motion for Attorneys’ Fees and Motion
to Tax Costs Under Seal (Rec. Docs. 146 and 150) is DENIED. Command’s Motion for
Oral Argument (Rec. Doc. 147) is DENIED. The Court’s ORDER Granting Command’s
Sealed Motion for Leave to File Motion for Attorneys’ Fees and Motion to Tax Costs Under
Seal (Rec. Doc. 147) is hereby VACATED and the Seal is hereby Lifted.
IT IS SO ORDERED.
Signed in Baton Rouge, Louisiana on May 30, 2017.

S

JUDGE SHELLY D. DICK
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

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