Turnage v. Cleveland State Bank et al

Filing 37

ORDER granting 34 Motion to Seal Document 33 MOTION for Extension of Time Plaintiffs' Motion For Addditional Time to Designate Expert Witnesses. Signed by Magistrate Judge Jane M. Virden on 09/16/2014. (lec)

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

ELLIS TURNAGE, ON BEHALF OF
HIMSELF AND ALL OTHERS SIMILARLY
SITUATED LOAN APPLICANTS AND BORROWERS
V.

PLAINTIFFS

CIVIL ACTION NO. 4:13-cv-00145-JMV

CLEVELAND STATE BANK;
CHARLOTTE EDWARDS, DANNY WHALEN
AND CALVIN DYE, INIDVIDUALLY AND IN
THEIR OFFICIAL CAPACITIES AS LOAN COMMITTEE MEMBERS AND
OFFICERS; AND
JOHN DOES 1-5
DEFENDANTS

ORDER GRANTING DEFENDANTS’ EMERGENCY MOTION TO SEAL
DOCUMENTS
THIS CAUSE having come before the Court on the Defendants’ Emergency Motion to
Seal Documents is well taken and should be granted for the following reasons:
1.

The Subpoena to Produce Documents and Information attached as Exhibit 1 to

Plaintiffs’ Motion for Additional Time to Designate Expert Witnesses [Doc. 33] should be filed
under seal because Cleveland State Bank’s interest in the nondisclosures of its customers’
nonpublic information, which includes their names, outweighs the public’s right to access this
information. Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 and 313.1; Miss. Code Ann. § 81-555.
2.

The Fair Lending Reports attached as Exhibit 2 to Plaintiffs’ Motion for

Additional Time to Designate Expert Witnesses [Doc. 33] should be filed under seal because
Cleveland State Bank’s interest in the nondisclosure of the Fair Lending Reports, which contain
the Bank’s sensitive financial and proprietary information as well as its customer’s confidential

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nonpublic information, outweighs the public’s right to access these documents. Udoewa v. Plus4
Credit Union, 754 F.Supp.2d 850, 883-84 (S.D. Tex., 2010); Cooper Tires and Rubber Co. v.
Farese, 2009 WL 514071, at *1 (N.D. Miss. Feb. 27, 2009); Moore v. State Farm Mutual
Automobile Ins. Co., 2005 WL 399395 (E.D. La. Feb. 14, 2005).
IT IS, THEREFORE, ORDERED that Defendants’ Motion to Seal Documents is
hereby GRANTED. The previously filed Exhibits 1 and 2 of Plaintiffs’ Motion for Additional
Time to Designate Expert Witnesses [Doc. 33] will be removed from the public record and
maintained by the Court under seal. Additionally, Plaintiffs are ordered to pay Defendants’
attorneys’ fees, which the details of such will be fully addressed by a forthcoming order of the
court.
SO ORDERED this, the 16th day of September, 2014.

/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

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