United States et al v. W.A. Foote Memorial Hospital et al
Filing
97
MEMORANDUM OPINION and ORDER Dissolving Orders to Show Cause 66 , 76 and Order Parties to Refile Dkts 47 , 74 and 86 with Redacitions - Signed by District Judge Judith E. Levy. (FMos)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
United States of America and
State of Michigan,
Case No. 15-cv-12311
Plaintiffs,
Judith E. Levy
United States District Judge
v.
W.A. Foote Memorial Hospital
d/b/a Allegiance Health,
Mag. Judge David R. Grand
Defendant.
________________________________/
OPINION AND ORDER DISSOLVING ORDERS TO SHOW
CAUSE [66, 76] AND ORDERING PARTIES TO REFILE DKTS.
47, 74, AND 86 WITH REDACTIONS
The Court ordered the parties to show cause why Docket Nos. 46
and 74 should not be unsealed (Dkts. 66, 76), and the parties responded.
(Dkts. 81, 82.) The Court also granted a temporary motion to file under
seal Docket No. 86 until the Court could resolved the sealing issue. (Dkt.
89.) On March 20, 2017, the Court reviewed the documents in camera
with the parties to resolve whether the documents should be sealed, and
if so, to what extent. For the reasons set forth on the record, the parties
are directed to refile Docket Nos. 47, 74, and 86, redacting only as follows:
(Dkt. 74-3 at 4-5) – only sections (a)(i)(A) through (D) shall be
redacted, except for the heading of each section (i.e., Print, Radio,
Television, and Outdoor).
(Dkt. 74-3 at 6-7) – only sections (a)(iii) through (iv) shall be
redacted, except for the heading of each section (i.e., Vertically
Positioned Services and Horizontally Competitive Services).
(Dkt. 74-3 at 9) – only section (a)(vi)(B) shall be redacted, except for
the heading and the first two sentences.
(Dkt. 74-5 at 3) – only the second paragraph shall be redacted.
(Dkt. 74-6 at 5) – only paragraph number 16 and footnote 35 shall
be redacted.
(Dkt. 74-7 at 3) – only paragraph number 8, beginning with
“identified” in line 6 through the indented language, shall be
redacted.
(Dkt. 74-8 at 2) – only the number in row 4, column 3 shall be
redacted.
(Dkt. 74-9 at 4) – only the image shall be redacted.
(Id. at 7) – only Jeanne O’Dell’s cellphone number shall be redacted.
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(Id. at 17) – everything except for the email header information
shall be redacted.
(Id. at 18) – only the bullet points shall be redacted, except for
“Hillsdale zips (Tracy and Alisha – do you have these specific zips?)”
(Id. at 20) – everything except for the email header, “Partners in
Health,” and “Entire Planning Region (minus Hillsdale) shall be
redacted.
(Id. at 21) – the entirety of this page shall be redacted
(Id. at 23-31) – everything except for entries 27, 28, 30, 46, 47, 55,
and 56 shall be redacted.
(Id. at 42) – only the last three sentences and the ending
parenthetical of the top email and the last sentence of the bottom
email shall be redacted.
(Id. at 49) – only the number shall be redacted.
(Id. at 53) – only the body of text after “Core Audiences” and
“Strategies” shall be redacted.
(Id. at 56) – only the body of text after “Core Audiences” and
“Strategies” shall be redacted.
(Id. at 58) – only the second column shall be redacted.
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(Id. at 59) – only the second column shall be redacted, except for the
last row of the second column.
(Id. at 60) – only the second column shall be redacted, except for the
first line and first bullet in the first row of the second column.
(Id. at 73) – only the second column and the three lines immediately
below the table shall be redacted, except for the first lines of rows
1, 2, and 4 (i.e., “No services off limits”), and the last row in its
entirety.
(Id. at 77) – only the last two rows of the table shall be redacted.
(Id. at 78) – only the table shall be redacted.
(Id. at 80-81) – the entirety of these pages shall be redacted.
(Dkt. 86 at 6) – only paragraph 29, starting with the second
sentence through the image, shall be redacted.
(Id. at 7) – only footnote 71 shall be redacted.
(Dkt. 46-2 at 2) – the entirety of this page shall be redacted.
(Dkt 46-3 at 2) – only the second column and the three lines
immediately below the table shall be redacted, except for the first
lines of each row (i.e., “No services off limits”).
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(Id. at 3) - only the second column and the three lines immediately
below the table shall be redacted, except for the entirety of row 2
concerning South-Hillsdale and the first line of row 4 (i.e., “No
restriction in Albion”).
(Id. at 4) – only the second column and the three lines immediately
below the table shall be redacted.
(Dkt. 46-4 at 2) – the entirety of this page shall be redacted.
Accordingly, the orders to show cause (Dkts. 66, 76) are
DISSOLVED, Docket Nos. 47, 74, and 86 shall REMAIN SEALED, and
the parties are directed to refile those entries with the redactions set
forth above.
IT IS SO ORDERED.
Dated: April 11, 2017
Ann Arbor, Michigan
s/Judith E. Levy
JUDITH E. LEVY
United States District Judge
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CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on April 11, 2017.
s/Felicia M. Moses
FELICIA M. MOSES
Case Manager
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