Shepherd v. Churchill Downs, Inc. et al

Filing 52

ORDER granting 50 Motion to Seal Document. Signed by Magistrate Judge Jane M. Virden on 7/5/2017. (bbf)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

Virgie Patricia Shepherd,

Civil Action No.
4:16-cv-00171-NBB-JMV

Plaintiff;
v.
Churchill Downs, Inc. and SW Gaming,
LLC d/b/a Harlow’s Casino Resort and
Spa,

Order Granting Motion to Seal

Defendants.

This case is before the Court on Defendant SW Gaming LLC d/b/a Harlow’s Casino
Resort & Spa’s Motion to Seal [50]. The Motion asks the Court to seal Exhibit 9 to Harlow’s Motion to Strike [48]. Plaintiff has indicated to the court that it has no opposition to
the instant motion.
Local Rule 79(b) specifies that “any order sealing a document must include particularized findings demonstrating that sealing is supported by clear and compelling reasons and
is narrowly tailored to serve those reasons.” L.U. Civ. R. 79(b). To determine whether to
allow the sealing of a requested document, “the court must balance the public's common
law right of access against the interests favoring nondisclosure.” SEC v. Van Waeyenberghe, 990 F.2d 845, 848 (5th Cir. 1993). Upon weighing the competing interests, the undersigned finds that the Defendant has provided clear and compelling reasons for filing
Exhibit 9 under seal.
Defendants have advised the court that Exhibit 9 contains expert reports and materials
attached to Plaintiff Virgie Shepherd’s 6/28/17 expert designation. Exhibit 9 includes de-

tails of medical records, finances, and other sensitive information regarding the Plaintiff.
Accordingly, the sealing of Exhibit 9 is supported by clear and compelling reasons and is
narrowly tailored to serve those reasons.
After considering the matter, the Court finds for the reasons detailed above that Defendant’s Motion to Seal is well-taken and is, therefore GRANTED pursuant to L.U. Civ.
R. 79.
ACCORDINGLY, the District Court Clerk’s Office is hereby ORDERED to receive
for filing the exhibit identified herein, attaching the same as Exhibit 9 to Defendant’s Motion [48], and sealing said Exhibit. It is further ordered that Exhibit 9 shall remain under
seal until further order of this Court.
So ORDERED this 5th day of July, 2017.
/s/ Jane M. Virden
MAGISTRATE JUDGE JANE VIRDEN