McGinnes et al v. FirstGroup America, Inc. et al

Filing 138

ORDER GRANTING PLAINTIFFS' MOTION FILE UNDER TO SEAL (Doc. 136 ): Plaintiffs' Motion to File Under Seal (Doc. 136) is GRANTED. Plaintiffs MAY FILE unredacted versions of the following UNDER SEAL:(1) Plaintiffs' Memorandum in Oppos ition to the First Group America Defendants'Motion for Summary Judgment (Doc. 134 );(2) Plaintiffs' Response to the FGA Defendants' Statement of Proposed UndisputedFacts (Doc. 134 -1);(3) the transcript of the Deposition of Matt Clink (Doc. 132 ); and(4) the exhibits to the Declaration of Brock J. Specht (Doc. 135 ).IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 11/28/2022. (kaf)

Case: 1:18-cv-00326-MWM Doc #: 138 Filed: 11/28/22 Page: 1 of 3 PAGEID #: 9955

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI

WENDY BERRY, et al.,
Plaintiffs,

Case No. 1:18-cv-326
Judge Matthew W. McFarland

V.

FIRSTGROUP AMERICA, INC.,
et al.,
Defendants.

ORDER GRANTING PLAINTIFFS' MOTION FILE UNDER TO SEAL (Doc. 136)

The matter is before the Court on the Plaintiffs' Motion to File Under Seal (Doc.
136). Plaintiffs seek leave to file an unredacted versions of Plaintiffs' Memorandum in
Opposition to the First Group America Defendants' Motion for Summary Judgment,
Plaintiffs' Response to the FGA Defendants' Statement of Proposed Undisputed Facts,
the transcript of the Deposition of Matt Clink, and the exhibits to the Declaration of Brock
J. Specht. For the following reasons, the Court GRANTS Plaintiffs' Motion (Doc. 136).
Federal courts have long recognized a strong presumption in favor of openness
which can only be overcome by "the most compelling reasons." Shane Group., Inc. v. Blue

Cross Blue Shield of Michigan, 825 F.3d 299,305 (6th Cir. 2016) (citing In re Knoxville NewsSentinel Co., 723 F.2d 470,476 (6th Cir. 1983)). Accordingly, "[t]he burden of overcoming
that presumption is borne by the party that seeks to seal them." Brown & Williamson

Tobacco Corp. v. F. T.C., 710 F.2d 1165, 1180 (6th Cir. 1983). "To meet this burden, the party

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must show three things: (1) a compelling interest in sealing the records; (2) that the
interest in sealing outweighs the public's interest in accessing the records; and (3) that the
request is narrowly tailored." Kondash v. Kia Motors Am., Inc., 767 F. App 1x 635, 637 (6th
Cir. 2019). To do so, the party must "analyze in detail, document by document, the
propriety of secrecy, providing reasons and legal citations." Id. (citing Shane Group., 825
F.3d at 305). And typically, in civil litigation, only trade secrets, information covered by
a recognized privilege, and information required by statute to be maintained in
confidence is typically enough to overcome this presumption. Shane Group., 825 F.3d at
305.
Considering that the filings, documents and deposition transcripts in question that
Plaintiffs seek to seal contain or reference confidential or highly confidential information
identified by all parties in this case, Plaintiffs have demonstrated that (1) compelling
interests exist to seal the documents and deposition transcripts, (2) such interests
outweigh the public's interest in accessing the documents or deposition transcripts, and
(3) Plaintiffs' requests are narrowly tailored. Therefore, Plaintiffs' Motion to File Under
Seal (Doc. 136) is GRANTED. Plaintiffs MAY FILE unredacted versions of the following
UNDER SEAL:

(1) Plaintiffs' Memorandum in Opposition to the First Group America Defendants'
Motion for Summary Judgment (Doc. 134);
(2) Plaintiffs' Response to the FGA Defendants' Statement of Proposed Undisputed
Facts (Doc. 134-1);
(3) the transcript of the Deposition of Matt Clink (Doc. 132); and
2

Case: 1:18-cv-00326-MWM Doc #: 138 Filed: 11/28/22 Page: 3 of 3 PAGEID #: 9957

(4) the exhibits to the Declaration of Brock J. Specht (Doc. 135).
IT IS SO ORDERED.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHi
By: ~

1Jl'"ti~

JUDGE MATTHEW W. McFARLAND

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