Slone et al v. Racer et al

Filing 67

MEMORANDUM OPINION AND ORDER granting the 58 MOTION by Cabell County Commission, Cabell County Sheriff's Office, Chuck Zerkle to File Their Motion for Judicial Review Under Seal; directing the Clerk to file Defendants' Motion to File Moti on for Judicial Review and Defendants' Motion for Judicial Review under seal; Defendants are directed to provide the records for in camera review by delivering them to the Court's chambers on or before 6/11/2024. Signed by Magistrate Judge Cheryl A. Eifert on 6/4/2024. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION
OPAL R. SLONE, individually and
as the Administratrix of the Estate
of Jacquline Hudson, and THE
ESTATE OF JACQULINE HUDSON,
Plaintiff,
v.

Case No.: 3:23-cv-00636

JEFFREY RACER, et al.,
Defendants.
MEMORANDUM OPINION AND ORDER
Pending before the Court are Defendants Cabell County Sheriff Office, Chuck
Zerkle, and Cabell County Commission’s Motion to File Motion for Judicial Review Under
Seal, (ECF No. 58), and Motion for Judicial Review. (ECF No. 58-1). Due to the
confidential information contained in the motions, and there being no objection by
Plaintiff, this Court GRANTS Defendants’ Motion to File Under Seal and ORDERS the
Clerk to file Defendants’ Motion to File Motion for Judicial Review and Defendants’
Motion for Judicial Review under seal. (ECF Nos. 58, 58-1).
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, Defendants’ Motion to File Motion for Judicial Review Under Seal and
Defendants’ Motion for Judicial Review 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 documents, but
in view of the nature of the information set forth in the documents—which is information
generally protected from public release—alternatives to wholesale sealing are not feasible
at this time. Moreover, the information provided in the motions is submitted to the Court
for the purpose of resolving a discovery dispute, rather than for disposition of substantive
claims in this action. Accordingly, the Court finds that sealing Defendants’ Motion to File
Motion for Judicial Review Under Seal and Defendants’ Motion for Judicial Review, do
not unduly prejudice the public’s right to access court documents.
With respect to the Motion for Judicial Review, (ECF No. 58-1), Plaintiff has not
objected within the time frame permitted. Therefore, the Motion is GRANTED.
Defendants Cabell County Sheriff’s Office, Chuck Zerkle, and Cabell County Commission
are ORDERED to provide the records for in camera review by delivering them to the
Court’s chambers on or before June 11, 2024.
The Clerk is instructed to provide a copy of this Order to counsel of record and any
unrepresented parties.
ENTERED: June 4, 2024