Roshon v. Eagle Research Group, Inc.

Filing 47

ORDER granting Plaintiff's #46 Motion to File Document Under Seal. Signed by Magistrate Judge Chelsey M. Vascura on 11/27/2017. (kpt)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

STEPHEN R. ROSHON, JR.,
Plaintiff,
Civil Action 2:16-cv-968
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Chelsey M. Vascura

v.

EAGLE RESEARCH GROUP, INC.,
Defendant.

ORDER
This matter is before the Court for consideration of Plaintiff’s Motion for Leave to File
Under Seal. (ECF No. 46.) Plaintiff requests leave to file under seal his Motion for
Reconsideration of the October 30, 2017 Court Order. (ECF No. 44.) Plaintiff represents that
the motion should be filed under seal because it “relies heavily and discussed in detail” materials
that are subject to the agreed-upon Protective Order. (Pl.’s Mot. for Leave, ECF No. 46, at p. 1.)
Specifically, Plaintiff maintains that the Motion will contain confidential information pertaining
to nuclear energy sites that should remain under seal. (Id. at 2.) Based upon Plaintiff’s
representations, the Court concludes that the Motion at issue contains legitimate national security
information that should be shielded from the public. Brown & Williamson Tobacco Corp. v.
FTC, 710 F.2d 1165, 1179–80 (6th Cir. 1983) (records concerning national security are “a
recognized exception to the right of public access to judicial records”). Plaintiff’s Motion (ECF
No. 46) is therefore GRANTED. The Clerk is DIRECTED to allow Plaintiff access to file
under seal.

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, Plaintiff is
DIRECTED to contemporaneously file a public version of all documents with any confidential,
sensitive information redacted. Should an entire exhibit contain confidential, trade secret
information, Plaintiff 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.

/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE

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