Levtec, LLC, v. Barkan et al

Filing 61

ENTRY AND ORDER granting in part and denying in part 52 Motion of Plaintiff Levtec, LLC, for leave to File Exhibits Under Seal- The Motion 52 is GRANTED as to the emails identified by Bates numbers TURN000115, TURN000287, TURN000313, TURN000702, and TURN000744. The Motion is DENIED as to all other exhibits, which may be filed in the Courts public docket if Levtec wishes to do so. Signed by Judge Thomas M. Rose on 6-3-2016. (de)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
LEVTEC, LLC,
Plaintiff,
v.
MICHELLE BARKAN, et al.,
Defendants.

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Case No. 3:14-cv-00276
Judge Thomas M. Rose

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ENTRY AND ORDER GRANTING IN PART MOTION OF PLAINTIFF
LEVTEC, LLC, FOR LEAVE TO FILE EXHIBITS UNDER SEAL (DOC. 52)
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This case is before the Court on the Motion of Plaintiff Levtec, LLC (“Levtec”), for
Leave to File Exhibits under Seal (Doc. 52). Levtec originally sought leave to file under seal
two insertion orders (labeled TURN000149 and TURN000150) and “various emails between or
among Turn representatives.” (Id. at 2.) On May 13, 2016, the Court ordered the parties to
provide additional information regarding the confidentiality of these documents. (Doc. 53.) On
May 20, 2016, Defendant Turn, Inc. (“Turn”) responded to the Court’s Order. On May 25, 2016,
Levtec withdrew its request to file the two insertion orders under seal and identified the “various
emails” that it seeks to file under seal. (Doc. 56.) On May 31, 2016, Turn replied to Levtec’s
memorandum. (Doc. 60.) This matter is now fully briefed and ripe for review.
Turn complains that Levtec failed to identify the specific exhibits that it wishes to file
under seal until May 25, 2016, and, as a result, Turn did not have time to adequately respond to
the emails in its reply (filed May 27, 2016) in support of its motion for summary judgment.

(Doc. 60 at 1.) In response to Levtec’s motion to seal, Turn therefore both addressed the
confidentiality of Levtec’s exhibits and argued that they fail to create a genuine issue of material
fact precluding summary judgment in its favor. The only question now before the Court,
however, is whether the parties have established good cause to seal Levtec’s exhibits. The Court
will consider Turn’s and Levtec’s arguments regarding the exhibits’ relevance when ruling on
the motions for summary judgment.
WHEREFORE, upon good cause shown, Levtec’s Motion for Leave to File Exhibits
under Seal (Doc. 52) is GRANTED as to the emails identified by Bates numbers TURN000115,
TURN000287, TURN000313, TURN000702, and TURN000744. The Motion is DENIED as to
all other exhibits, which may be filed in the Court’s public docket if Levtec wishes to do so.

DONE and ORDERED in Dayton, Ohio, this Friday, June 3, 2016.
s/Thomas M. Rose
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THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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