A. et al v. Doe Run Resources Corporation et al

Filing 1366

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants Doe Run Resources Corporation and The Renco Group's Motion to Seal 1361 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the Clerk of Court shall unseal defendants 9; Motion for Sanctions and Remedial Measures (ECF 1362-1) only. IT IS FURTHER ORDERED that defendants' Memorandum of Law in Support of Motion for Sanctions and Remedial Measures (ECF 1362-2) and accompanying exhibits (ECF 1362-3 ECF 1362-34) shall remain sealed in their entirety. Signed by Sr. District Judge Catherine D. Perry on 8/16/2023. (KEK)

Case: 4:11-cv-00044-CDP Doc. #: 1366 Filed: 08/16/23 Page: 1 of 3 PageID #: 63184

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
A.O.A., et al.
Plaintiffs,
v.
IRA L. RENNERT, et al.,
Defendants.

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Case No.:

4:11 CV 44 CDP

MEMORANDUM AND ORDER
On August 4, 2023, defendants Doe Run Resources Corporation and The
Renco Group filed a “Motion to Seal,” which, incongruously, asks that I unseal a
motion for sanctions, memorandum in support, and accompanying exhibits that
they submitted under seal that same date. Defendants aver that they submitted the
sanctions motion, memorandum, and exhibits under seal out of an abundance of
caution given my recent ruling that information involving ongoing criminal
investigations and unindicted conduct is appropriately sealed. (See ECF 1353.)
Plaintiffs have not responded to the “Motion to Seal,” and the time to do so has
passed. E.D. Mo. L.R. 13.05(A)(4)(d).
Although defendants contend that public interest demands the unsealing of
the submitted documents in their entirety given the nature and stage of the
underlying criminal investigation in Peru, I continue to conclude as I did in my

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earlier Order that compelling reasons exist for such information to remain sealed.
(ECF 1353, Memo. & Ord. at pp. 1-2, citing cases.) This is especially so here in
view of Article 324 of Peru’s Code of Criminal Procedure, which provides that
preliminary/preparatory criminal investigations are confidential. See CAA Sports
LLC. v. Dogra, No. 4:18-CV-01887-SNLJ, 2018 WL 6696622, at *1 (E.D. Mo.
Dec. 20, 2018) (honoring the rules of sovereign nations is an exception to the
general rule of public access) (citing GEA Group AG v. Flex-N-Gate Corp., 740
F.3d 411, 420 (7th Cir. 2014)).
I will therefore exercise my discretion and order that defendants’
Memorandum of Law in Support of Motion for Sanctions and Remedial Measures
(ECF 1362-2) and accompanying exhibits (ECF 1362-3 – ECF 1362-34) remain
sealed in their entirety. I will unseal defendants’ Motion for Sanctions and
Remedial Measures (ECF 1362-1) as it does not contain any confidential
information.
Accordingly,
IT IS HEREBY ORDERED that defendants Doe Run Resources
Corporation and The Renco Group’s “Motion to Seal” [1361] is GRANTED in
part and DENIED in part.
IT IS FURTHER ORDERED that the Clerk of Court shall unseal
defendants’ Motion for Sanctions and Remedial Measures (ECF 1362-1) only.

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IT IS FURTHER ORDERED that defendants’ Memorandum of Law in
Support of Motion for Sanctions and Remedial Measures (ECF 1362-2) and
accompanying exhibits (ECF 1362-3 – ECF 1362-34) shall remain sealed in their
entirety.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 16th day of August, 2023.

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