Sisk v. Abbott Laboratories

Filing 252

ORDER granting 244 and 248 Motions to Seal. Signed by District Judge Martin Reidinger on 10/20/2014. (klb)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11-cv-00159-MR-DLH

KIMBERLY S. SISK, individually and )
as mother and natural guardian of
)
S.A.S., a minor,
)
)
Plaintiff,
)
)
vs.
)
)
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ABBOTT LABORATORIES, an
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Illinois corporation,
)
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Defendant.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Defendant’s Renewed
Unopposed Motion to Seal [Doc. 244] and the Plaintiff’s Renewed Motion to
Seal Portions of Her Motion for New Trial and Joinder in Abbott’s Renewed
Unopposed Motion to Seal and Memo in Support [Doc. 248].
The Defendant seeks for this Court to allow it leave to file under seal
portions of its opposition to the Plaintiff’s Motion for a New Trial and the
exhibits attached thereto, namely Docs. 236, 237-1, 237-2, 237-3, 242,
242-1, 242-2, 242-3, and 242-4. [Doc. 244]. The Plaintiff does not oppose
the Defendant’s request.

The Plaintiff seeks for this Court to allow her leave to file under seal
portions of her Motion for a New Trial [Doc. 236], Memorandum of Law in
Support for her Motion for a New Trial [Doc. 237], and particular exhibits
attached to her motion, namely the entirety of Exhibits 43, 82, 133, and 134
and portions of Exhibits 2, 3, 84, and 95 as follows:
 Ex. 2: Page/Line Nos. 145:23-24; 146:17-147:3.
 Ex. 3: Page/Line Nos. 18:16-20:11; 20:25-21:18; 22:21; 23:1-6; 25:45; 26:23-28:21; 29:3-6; 29:15-30:8; 60:1-61:17; 62:17-63:6; 64:19-20;
64:25-65:3; 65:5; 65:7-10; 65:15; 66:1-4; 66:17-20; 67:20-21; 67:2468:24; 69:12-15; 69:25; 91:1-15; 91:22-92:1; 92:18-20; 93:24-25;
94:3-15; 95:4-12; 107:1-5; 107:8-9; 107:18-25; 266:1-268:15; 269:1314; 269:22-23; 270:7-14; 270:17-20; 271:18-22; 272:1; 273:3-4;
273:13; 274:6-7; 274:22-25.
 Ex. 84: Page 1
 Ex. 95: Page 1
[Doc. 248]. The Defendant does not oppose the Plaintiff’s request.
The Fourth Circuit has recognized that a district court “has
supervisory power over its own records and may, in its discretion, seal
documents if the public’s right of access is outweighed by competing
interests.” In re Knight Pub. Co., 743 F.2d 231, 235 (4th Cir. 1984); see
also Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 178, 180 (4th Cir.
1988) (“The common law presumption of access may be overcome if
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competing interests outweigh the interest in access, and a court’s denial of
access is reviewable only for abuse of discretion.”). Before sealing a court
document, however, the Court must “(1) provide public notice of the
request to seal and allow interested parties a reasonable opportunity to
object, (2) consider less drastic alternatives to sealing the documents, and
(3) provide specific reasons and factual findings supporting its decision to
seal the documents and for rejecting the alternatives.” Ashcraft v. Conoco,
Inc., 218 F.3d 288, 302 (4th Cir. 2000).
In the present case, the public has been provided with adequate
notice and an opportunity to object to the Defendant’s motion.

The

Defendant filed its motion on May 23, 2014, [Doc. 244], and such motion
has been accessible to the public through the Court’s electronic case filing
system since that time. Thus, the public has had notice of the Defendant’s
request for particular documents and exhibits to be permanently sealed and
has not objected.

Further, the Defendant has demonstrated that the

documents at issue contain certain sensitive proprietary and/or confidential
business and trade secret information. The public’s right of access to such
information is substantially outweighed by the competing interest in
protecting the details of such information, particularly due to the highly
competitive nature and the significance of the infant formula industry.
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Finally, having considered less drastic alternatives to sealing the
documents, the Court concludes that sealing of these documents is
necessary to protect the parties’ privacy interests.
Additionally, the public has been provided with adequate notice and
an opportunity to object to the Plaintiff’s motion.

The Plaintiff filed her

motion on May 23, 2014, [Doc. 248], and such motion has been accessible
to the public through the Court’s electronic case filing system since that
time. Thus, the public has had notice of the Plaintiff’s request for particular
documents and exhibits to be permanently sealed and has not objected.
Further, the Plaintiff has joined with the arguments of the Defendant to
demonstrate that the documents at issue contain certain sensitive
proprietary and/or confidential business information. The public’s right of
access to such information is substantially outweighed by the competing
interest in protecting the details of such information, particularly due to the
highly competitive nature and the significance of the infant formula industry.
Finally, having considered less drastic alternatives to sealing the
documents, the Court concludes that sealing of these documents is
necessary to protect the parties’ privacy interests.
IT IS, THEREFORE, ORDERED that the Defendant’s Renewed
Unopposed Motion to Seal [Doc. 244] and the Plaintiff’s Renewed Motion to
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Seal Portions of Her Motion for New Trial and Joinder in Abbott’s Renewed
Unopposed Motion to Seal and Memo in Support [Doc. 248] are
GRANTED, and the following shall be placed under seal pending further
Order of this Court:
 Docs. 236, 237-1, 237-2, 237-3, 242, 242-1, 242-2, 242-3, and 242-4
 Portions of Plaintiff’s Motion for a New Trial [Doc. 236]
 Portions of Plaintiff’s Memorandum of Law in Support for her Motion
for a New Trial [Doc. 237]
 Exhibits 43 [Doc. 238-1], 82 [Doc. 238-2], 133 [Doc. 238-5], and 134
 Portions of Exhibits 2, 3, 84, and 95 as follows:
o Ex. 2: Page/Line Nos. 145:23-24; 146:17-147:3.
o Ex. 3: Page/Line Nos. 18:16-20:11; 20:25-21:18; 22:21; 23:1-6;
25:4-5; 26:23-28:21; 29:3-6; 29:15-30:8; 60:1-61:17; 62:1763:6; 64:19-20; 64:25-65:3; 65:5; 65:7-10; 65:15; 66:1-4; 66:1720; 67:20-21; 67:24-68:24; 69:12-15; 69:25; 91:1-15; 91:2292:1; 92:18-20; 93:24-25; 94:3-15; 95:4-12; 107:1-5; 107:8-9;
107:18-25; 266:1-268:15; 269:13-14; 269:22-23; 270:7-14;
270:17-20; 271:18-22; 272:1; 273:3-4; 273:13; 274:6-7; 274:2225.
o Ex. 84: Page 1
o Ex. 95: Page 1
IT IS SO ORDERED.
Signed: October 20, 2014

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