Zeng v. Marshall University

Filing 408

MEMORANDUM OPINION AND ORDER SEALING EXHIBIT directing the Clerk to seal Exhibit 3 attached to Plaintiff's 393 MOTION for Leave to File Surreply to Defendants' Reply to the Plaintiff's Response to Defendants' Motion to Strike Plaintiff's Affidavit. Signed by Magistrate Judge Cheryl A. Eifert on 1/28/2020. (cc: Plaintiff; counsel of record) (jsa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
WEI-PING ZENG,
Plaintiff,
v.

Case No.: 3:17-cv-03008

MARSHALL UNIVERSITY,
DR. JEROME A. GILBERT;
DR. JOSEPH SHAPIRO;
DR. W. ELAINE HARDMAN;
DR. DONALD A. PRIMERANO;
and DR. RICHARD EGLETON,
Defendants.

MEMORANDUM OPINION AND ORDER SEALING EXHIBIT
The Court notes that Exbibit 3, marked as Plaintiff’s Exhibit Z101, attached to
Plaintiff’s Motion for Leave to File Surreply to Defendants’ Reply to the Plaintiff’s
Response to Defendants’ Motion to Strike Plaintiff’s Affidavit, (ECF No. 393-3), contains
confidential information. Due to the confidential nature of the information contained in
Exhibit 3, and the requirement that such information not be published, this Court
ORDERS the Clerk to seal Exhibit 3 attached to Plaintiff’s motion. The undersigned is
cognizant of the well-established Fourth Circuit precedent recognizing a presumption in
favor of public access to judicial records. Ashcraft v. Conoco, Inc., 218 F.3d 288 (4th Cir.
2000). As stated in Ashcraft, before sealing a document, the Court must follow a three
step process: (1) provide public notice of the request to seal; (2) consider less drastic
alternatives to sealing the document; and (3) provide specific reasons and factual findings
supporting its decision to seal the documents and for rejecting alternatives. Id. at 302. In

this case, Exhibit 3 attached to Plaintiff’s motion shall be sealed and will be designated as
sealed on the Court’s docket. The Court deems this sufficient notice to interested
members of the public. The Court has considered less drastic alternatives to sealing the
document, but in view of the confidential nature of the information, no such alternatives
are feasible at this time. Accordingly, the Court finds that sealing Exhibit 3 to the
Plaintiff’s Motion for Leave to File Surreply does not unduly prejudice the public’s right
to access court documents.
The Clerk is instructed to provide a copy of this Order to the Plaintiff and all
counsel of record.
ENTERED: January 28, 2020