Guild Associates, Inc. v. Bio-Energy (Washington) LLC

Filing 321

ORDER denying 270 Motion to File Document Under Seal. Signed by Magistrate Judge Terence P. Kemp on 10/26/2016. (agm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
Guild Associates, Inc.,
Plaintiff,

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:
:

v.
Bio-Energy (Washington) LLC,
Defendant.

Case No. 2:13-cv-1041
JUDGE MICHAEL H. WATSON
Magistrate Judge Kemp

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:
ORDER

Guild has filed a motion for leave to file under seal the
appendix to its motion for partial summary judgment.

In support

of its motion, Guild explains that the appendix contains
materials designated as confidential by Bio-Energy and that
filing under seal is contemplated by the second amended
protective order.

Bio-Energy has not filed a response.

The Court, relying on Shane Group, Inc. v. Blue Cross Blue
Shield of Michigan, 825 F.3d 299 (6th Cir. 2016), explained in
its most recent order in this case that a confidentiality
designation, by itself, does not provide justification for filing
under seal.

Guild has not provided any detailed analysis of the

documents accompanied by an explanation as to why their public
filing would be injurious to the party claiming confidentiality.
Nor has it explained how its request is narrowly tailored to
address this reason.

Absent such information, the Court is

without any record from which to conclude that the requirements
for sealing have been met here.

Granting Guild’s motion as filed

would require the Court simply to accept the parties’
designations of confidentiality at face value.
Appeals clearly has instructed otherwise.

The Court of

For these reasons, the

motion for leave to file under seal (Doc. 270) is denied.
MOTION FOR RECONSIDERATION

Any party may, within fourteen days after this Order is
filed, file and serve on the opposing party a motion for
reconsideration by a District Judge.

28 U.S.C. §636(b)(1)(A),

Rule 72(a), Fed. R. Civ. P.; Eastern Division Order No. 14-01,
pt. IV(C)(3)(a).

The motion must specifically designate the

order or part in question and the basis for any objection.
Responses to objections are due fourteen days after objections
are filed and replies by the objecting party are due seven days
thereafter.

The District Judge, upon consideration of the

motion, shall set aside any part of this Order found to be
clearly erroneous or contrary to law.
This order is in full force and effect even if a motion for
reconsideration has been filed unless it is stayed by either the
Magistrate Judge or District Judge.

S.D. Ohio L.R. 72.3.

/s/ Terence P. Kemp
United States Magistrate Judge

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