Brittania-U Nigeria Limited v. Chevron U.S.A. Inc. et al

Filing 32

ORDER entered GRANTING IN PART and DENYING IN PART 30 Unopposed MOTION to Seal Motion to Dismiss Plaintiff's First Amended Complaint (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, 4)

United States District Court
Southern District of Texas

ENTERED
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
BRITTANIA-U NIGERIA LIMITED,
Plaintiff,
V.
CHEVRON U.S.A, INC, ALI MOSHIRI
and MONCEF ATTIA,
Defendants.

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August 18, 2016
David J. Bradley, Clerk

CIVIL ACTION NO. H-16-1457

ORDER
On June 9, 2016, defendant Chevron U.S.A., Inc. moved for leave to file its motion to
dismiss under seal. (Docket Entry No. 3). Chevron argued that certain exhibits attached to the
motion to dismiss and referred to in the motion and briefs contain confidential business information.
See Earle v. Aramark Corp., 247 F. App'x 519, 525–26 (5th Cir. 2007). The court granted the
motion. (Docket Entry No. 5). Defendant Moncef Attia has filed a similar motion to seal, arguing
that exhibits attached to its motion to dismiss contain confidential business information. (Docket
Entry No. 30).
Although a court may seal records to protect against harm to a party that would result from
disclosure, “the balance is heavily weighted in favor of protective measures other than absolute
closure.” Belo Broad. Corp. v. Clark, 654 F.2d 423, 432 (5th Cir. 1981). The exhibits to Attia’s and
Chevron’s motions to dismiss appear to contain confidential business information that makes sealing
appropriate. But the motions and briefs do not discuss that information in a way that requires
sealing the motions and briefs entirely as well. Instead, they should be filed in the publicly
available records, subject to specific redactions that the parties ask leave to make.

The court grants in part and denies in part Attia’s motion to seal, (Docket Entry No. 30), and
modifies its previous order granting Chevron’s motion to seal, (Docket Entry No. 5). The exhibits
in Attia’s and Chevron’s motions to dismiss that contain confidential business information may be
filed under seal. Two versions of the motions and supporting or opposing briefs must be filed: a
version with the parties’ proposed redactions, limited to discussions of the confidential information,
and a sealed version with no redactions.
SIGNED on August 18, 2016, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge

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