Norris v. Pepsi Beverages Co. et al

Filing 75

ORDER granting in part and denying in part 74 Motion to Seal or Restrict Access. Signed by District Judge Sharion Aycock on 2/5/2015. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION

EDITH NORRIS

PLAINTIFF

AND
WAL-MART ASSOCIATES AND NATIONAL UNION
FIRE INSURANCE COMPANY OF PITTSBURGH, PA
V.

INTERVENORS

CIVIL ACTION NO. 3:13-CV-108-SA-SAA

BOTTLING GROUP, LLC, formerly doing business
as PEPSI COLA GENERAL BOTTLERS, INC.,
and DIA PHILLIPS, Individually

DEFENDANTS

ORDER GRANTING MOTION TO SEAL OR RESTRICT ACCESS
TO CERTAIN PLEADINGS
Presently before the Court is a Motion to Seal or Restrict Access to Certain Pleadings
[74] filed by Defendants Bottling Group, LLC, formerly doing business as Pepsi Cola General
Bottlers, Inc., and Dia Phillips. Having duly considered the motion, the Court finds that the
same is well taken and is GRANTED IN PART.
Plaintiff brought this action alleging that, while working as an employee for Wal-Mart
Associates, she received injuries as a result of Defendants’ negligence. As a result of her
injuries, Plaintiff made a claim for and received workers’ compensation benefits. Wal-Mart
Associates and National Union Fire Insurance Company, the employer and carrier, filed their
Intervening Complaint against Defendants alleging entitlement to reimbursement of the amounts
paid to or on behalf of Plaintiff under the Mississippi Workers’ Compensation Act.
The parties have reached a settlement of all claims with the sum paid by Defendants
being confidential.

Whereas the settlement involves partial reimbursement of workers’

compensation benefits, the settlement must be approved by the Court pursuant to Mississippi
Code Section 71-3-71, and thus the sum being paid by Defendants must be disclosed to the
Court. Defendants have requested that the Petition for Approval of Third-Party Settlement and
Order Approving Third-Party Settlement, which will be filed at a later date, be sealed or,
alternatively, that access to those pleadings be restricted to court personnel and the attorneys of
record.
The Court finds it appropriate, given the parties’ desire to retain the confidential nature of
the settlement amount and the lack of opposition to the present motion by either Plaintiff or
Intervenors, to restrict access to the Petition for Approval of Third-Party Settlement, which shall
be filed at a later date, to only court personnel and case participants. The parties are instructed to
contact the Court Clerk directly prior to the filing of the Petition for specific instructions
regarding compliance with this Order.
However, the Court declines at this time to restrict access to any forthcoming order either
approving or disapproving settlement of this matter. While the Court is sensitive to the parties’
request for confidentiality, such concerns are implicated significantly less by the Court’s future
ruling than by a petition for approval. Accordingly, the alternative relief sought by Defendants’
in their Motion to Seal or Restrict Access to Certain Pleadings [74] is GRANTED IN PART.
SO ORDERED, this the 5th day of February, 2015.

/s/ Sharion Aycock
_
UNITED STATES DISTRICT JUDGE

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