High 5 Sportswear, Inc. v. High 5 Gear, Inc.

Filing 42

ORDER TO SHOW CAUSE WHY THE COURT'S ORDER 39 DENYING DEFENDANT H5G, LLC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION SHOULD NOT BE UNSEALED. The Court orders the parties to show cause why the Order 39 should not be unsealed by no later than August 10, 2016. Responses should not exceed five pages. If the Court does not receive any response by August 10, 2016, then its Order 39 will be unsealed by the Clerk. Signed by Judge Thomas M. Rose on 8-4-2016. (de)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
HIGH 5 SPORTSWEAR, INC.,
Plaintiff,
v.

:

Case No. 3:15-cv-00401

:

Judge Thomas M. Rose

:

HIGH 5 GEAR, INC.,
Defendant/Third-Party Plaintiff,

:
:
:

v.
SELECTIVE INSURANCE COMPANY OF
AMERICA,

:
:

Third-Party Defendant.
:
______________________________________________________________________________
ORDER TO SHOW CAUSE WHY THE COURT’S ORDER (DOC. 39)
DENYING DEFENDANT H5G, LLC’S MOTION TO DISMISS FOR LACK OF
PERSONAL JURISDICTION SHOULD NOT BE UNSEALED
______________________________________________________________________________
On August 3, 2016, the Court filed under seal its Entry and Order Denying Defendant
H5G, LLC’s Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, or in the
Alternative to Transfer Venue (the “Order”) (Doc. 39). The Court filed the Order under seal
because it contained information provided in Plaintiff’s Opposition to Defendant’s Motion to
Dismiss or Transfer (Doc. 36), which the Court permitted to be filed under seal on the grounds
that it contained confidential information regarding H5G, LLC’s business. (Doc. 35.) Upon
review, the Court does not believe that its Order (Doc. 39) contains information that should be
sealed under the standard for sealing court records from public view, as most recently set forth
by the Sixth Circuit in Shane Grp., Inc. v. Blue Cross Blue Shield of Michigan, No. 15-1544,

2016 WL 3163073, at *4 (6th Cir. June 7, 2016). As a result, the Court hereby ORDERS the
parties to show cause why the Order (Doc. 39) should not be unsealed by no later than August
10, 2016. Responses should not exceed five pages. If the Court does not receive any response
by August 10, 2016, then its Order (Doc. 39) will be unsealed by the Clerk.
DONE and ORDERED in Dayton, Ohio, this Thursday, August 4, 2016.
s/Thomas M. Rose
________________________________
THOMAS M. ROSE
UNITED STATES DISTRICT JUDGE

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