Nature's One, Inc. v. Spring Hill Jersey Cheese, Inc.

Filing 114

ORDER granting 113 Motion to File Document Under Seal. Defendant Spring Hill is DIRECTED to contemporaneously file a public version with any confidential, sensitive information redacted. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/20/2017. (kdp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

NATURE’S ONE, INC.,
Plaintiff,
Case No. 2:15-cv-2820
Judge Algenon L. Marbley
Magistrate Judge Elizabeth P. Deavers

v.

SPRING HILL JERSEY CHEESE, INC.,
Defendant.

ORDER
Defendant Spring Hill Jersey Cheese, Inc.’s Motion for Leave to File Selected Portions
of its Opposition to Nature One’s Motion for Summary Judgment Exhibits Under Seal (ECF No.
113) is GRANTED for good cause shown. (ECF No. 103.) Based upon the Defendant Spring
Hill’s representations, the Court concludes that the documents at issue contain legitimate trade
secrets that should be shielded from public access. Brown & Williamson Tobacco Corp. v. FTC,
710 F.2d 1165, 1180 (6th Cir. 1983) (records containing trade secrets constitute “a recognized
exception to the right of public access to judicial records”).
The sealing of documents, however, must be no broader than necessary. See Shane
Group, Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir. 2016) (“‘The public
has an interest in ascertaining what evidence and records the District Court and this Court have
relied upon in reaching our decisions’” (quoting Brown, 710 F.2d at 1181)). Thus, Defendant
Spring Hill is DIRECTED to contemporaneously file a public version with any confidential,
sensitive information redacted. Should an entire exhibit contain confidential, trade secret

information, Defendant may omit filing that exhibit from the public version. The parties are
cautioned that if, upon review of the documents filed under seal, the Court determines that the
documents do not contain legitimate trade secret information, it will lift or modify the seal
accordingly.
IT IS SO ORDERED.

Date: March 20, 2017

s/ Elizabeth A. Preston Deavers _______
ELIZABETH A. PRESTON DEAVERS
UNITED STATES MAGISTRATE JUDGE

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