American President Lines, Ltd. et al v. XPO Intermodal, Inc.

Filing 12

ORDER granting temporarily 5 Motion to File Document Under Seal. Plaintiffs are DIRECTED to file a public redacted version of the exhibits. Once defense counsel has entered an appearance, counsel are DIRECTED to contact this Court to schedule a status conference concerning the scope and ongoing need for the seal. Signed by Magistrate Judge Kimberly A. Jolson on 5/11/2017. (ew)

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

AMERICAN PRESIDENT
LINES, LTD., et al.,
Plaintiffs,
Civil Action 2:17-cv-400
Chief Judge Edmund A. Sargus, Jr.
Magistrate Judge Jolson

v.
XPO INTERMODAL, INC.,
Defendant.

ORDER
Consistent with this Court May 10, 2017 Order, Plaintiffs have submitted the documents
relevant to their Motion for Leave to Seal for in camera inspection. The Court has reviewed
those documents bearing in mind that Plaintiffs are seeking to seal them consistent with Section
15 of the Amended and Restated Stacktrain Services Agreement. (Doc. 5 at 3). As this Court
has observed, however, “[t]he public has a strong interest in obtaining the information contained
in the court record.” Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., __ F.3d __, No. 151544, 2016 WL 3163073, at *3 (6th Cir. June 7, 2016) (quoting Brown & Williamson Tobacco
Corp. v. F.T.C., 710 F.2d 1165, 1180 (6th Cir. 1983)). Balancing the parties’ agreement against
the “‘strong presumption in favor of openness’ as to court records” id. (quoting Brown &
Williamson, 710 F.2d at 1179), the Court finds that a temporary seal is appropriate.
Here, Plaintiffs filed a redacted version of its Motion to Compel Arbitration prior to
being granted permission to do so by this Court. (See Doc. 3). Although the Court does not look
favorably on that decision, the Court will allow the redacted document to stand in light of this

decision to allow a temporary seal. However, Plaintiffs’ exhibits have not been filed publicly on
the Court’s docket. Hence, Plaintiffs are DIRECTED to file a public redacted version of the
exhibits. In light of the foregoing, the Motion to Seal (Doc. 5) is GRANTED temporarily. Once
defense counsel has entered an appearance in this case, counsel are DIRECTED to contact this
Court to schedule a status conference concerning the scope and ongoing need for the seal.
IT IS SO ORDERED.

Date: May 11, 2017

/s/ Kimberly A. Jolson
KIMBERLY A. JOLSON
UNITED STATES MAGISTRATE JUDGE

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