Fond du Lac Bumper Exchange Inc v. Jui Li Enterprise Company Ltd et al

Filing 352

ORDER signed by Judge Lynn Adelman on 1/9/13 that the parties have 10 days to show good cause why the motions to file documents under seal 323 , 329 , 332 should be granted. (cc: all counsel)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
FOND DU LAC BUMPER EXCHANGE, INC., on
behalf of itself and others similarly situated,
Plaintiffs,
v.

Case No. 09C0852

JUI LI ENTERPRISE COMPANY, LTD., ET AL.,
Defendants.

VEHIMAX INTERNATIONAL, LLC, on behalf of
itself and others similarly situated,
Plaintiffs,
v.

Case No. 10C0224

JUI LI ENTERPRISE COMPANY, LTD., ET AL.,
Defendants.

ARKANSAS TRANSIT , ARKANSAS TRANSIT HOMES,
INC., OLIVIA LEE, PATRICK TORREY, MARY FOWLER,
et al.,
Plaintiffs,
v.

Case No. 11C0162

JUI LI ENTERPRISE COMPANY LTD., et al.,
Defendants

ORDER
Direct purchaser plaintiffs have filed a motion requesting leave to file under seal
unredacted versions of the memorandum in support of their motion to compel defendant
TYG Products, L.P. to produce documents (Docket #321), exhibits F, G, H and I to the
declaration of Jessica N. Servais filed in support of the motion (Docket #322), and the reply

brief in support of the motion (Docket #333). Defendant TYG Products, L.P. has responded
with its own motion to file under seal an unredacted version of its brief in opposition to the
motion (Docket #330), and exhibits 2 and 3 to the declaration of Robert M. Kalec filed in
support of that brief (Docket #331). The parties argue that these documents contain
information marked confidential pursuant to the parties’ stipulated protective order. Since
courts are public institutions, the parties’ unsupported claims that these documents are
confidential is not sufficient to overcome the presumption of openness. See Cnty. Materials
Corp. v. Allan Block Corp., 502 F.3d 730, 740 (7th Cir. 2007). An agreement between the
parties to maintain the secrecy of a document is acceptable before a document enters the
judicial record, but once a document is submitted to the court as part of a request for a
judicial ruling there must be a justification for maintaining long-term confidentiality. Baxter
Int’l, Inc. v. Abbott Laboratories, 297 F.3d 544, 545 (7th Cir. 2002).
THEREFORE, IT IS ORDERED that the parties have 10 days to show good cause
why the motions to file documents under seal [DOCKET #323, 329, 332] should be
granted.
Dated at Milwaukee, Wisconsin, this 9th day of January 2013.
s/ Lynn Adelman
_______________________
LYNN ADELMAN
District Judge

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