England et al v. J. B. Hunt Transport Services, Inc. et al

Filing 155

MEMORANDUM OPINION AND ORDER granting as set forth herein Plantiff's 56 MOTION to Seal. Signed by Judge John T. Copenhaver, Jr. on 5/30/2018. (cc: attys) (tmr)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DWANE E. ENGLAND and REBECCA ENGLAND, his wife, Plaintiffs, v. Civil Action No. 2:17-CV-01369 J.B. HUNT TRANSPORT, INC., a wholly owned subsidiary of J.B. HUNT TRANSPORT SERVICES, INC., Defendant. MEMORANDUM OPINION AND ORDER Pending is the plaintiffs’ motion, filed November 29, 2017, requesting leave to file under seal Exhibit 1 to their motion for summary judgment, the Dedicated Transport Agreement between PPG Industries, Inc. and J.B. Hunt Transport, Inc. In support, the plaintiffs state that because the sensitive terms of the agreement are essential to their motion, their redaction would not be practical. The plaintiffs assert that the producing defendant and the plaintiffs have come to an amicable resolution that the exhibit be filed under seal. Plaintiff, v. Civil Action No. 15-14025 THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM, an Employee Welfare Benefits Plan, Given the commercially sensitive nature of the LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, a Massachusetts Corporation, the limited value of it to the public, transport agreement and and DOES 1 THROUGH 10, inclusive, the court finds that sealing is appropriate to the extent set Defendants. forth below. ORDER AND NOTICE Pursuant to L.R. Civ. court ORDERS is ORDERED that the Accordingly, the P. 16.1, it as follows: following dates are hereby fixed as the time by or on which certain events must occur: 01/28/2016 Motions under F.R. Civ. P. 12(b), together with 1. That briefs, memoranda, affidavits, or other supporting the motion to seal be, and it hereby is, such matter in support thereof. (All motions granted; memoranda will be denied without unsupported by and prejudice pursuant to L.R. Civ. P. 7.1 (a)). 02/08/2016 Last day for Rule 26(f) meeting. 2. That Exhibit 1 to plaintiffs’ motion for summary Last day to file Report of Parties= Planning Meeting. See L.R. Civ. under seal until further order judgment be filed P. 16.1. 02/15/2016 02/22/2016 02/29/2016 03/08/2016 Scheduling conference at 4:30 lift the the Robert C. of the court, which may p.m. at seal in such Byrd United States Courthouse in Charleston, before the undersigned, quotes from the document or as may be part as it unless canceled. Lead counsel directed to appear. directed at or prior to trial. Entry of scheduling order. Last day to serve F.R. Civ. P 26(a)(1) disclosures. The Clerk is directed to forward copies of this The Clerk is requested to transmit this Order and written opinion and order to all counsel of record. Notice to all counsel of record and to any unrepresented parties. DATED: May 30, 2018 2016 DATED: January 5, John T. Copenhaver, Jr. United States District Judge 2

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