Frost v. BNSF Railway Company

Filing 210

ORDER granting 205 Motion to File Under Seal. (See Order for further details.) Signed by Judge Donald W. Molloy on 10/22/2019. (NOS)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
MISSOULA DIVISION

CV 15-124-M-DWM

MICHAEL A. FROST,
Plaintiff,

ORDER

V.

BNSF RAILWAY COMPANY,
Defendant.

On October 21, 2019, Plaintiff Michael A. Frost filed a response to
Defendant BNSF Railway Company's motion for partial summary judgment.
Frost seeks leave to file two supporting documents, his statement of disputed facts
and Robert Rindy's performance evaluations, under seal on the grounds that they
contain information subject to the parties' confidentiality agreement and personal
information about Rindy, who is not a party to this suit. The Court previously
denied the parties' motions to seal other documents regarding the pending motion
in limine but explained that it would consider the documents in camera, if
necessary, to rule on the motion. Frost asks for the same treatment of the
documents at issue here. Accordingly,
IT IS ORDERED that Frost's Motion for Leave to File Under Seal (Doc.
205) is GRANTED to the extent it asks the Court to review the proffered
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documents in camera in considering the motion for partial summary judgment and
with the understanding the documents will not be sealed as part of the record at this
time. Whether the documents should be sealed as part of the record can be decided
later, if necessary. Any decision to seal the documents in the public docket will
not necessarily result in their being sealed at trial.
IT IS FURTHER ORDERED that Frost shall provide copies of the proffered
statement of disputed fac ; rd Rindy' s performance evaluations to BNSF.
DATED this

jj,

day of October, 2019.

Donald W. olloy, District Judge
United State District Court

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