Opinion

Abraham, Inc. v. United States

Court
District Court, S.D. Ohio
Filed
Jun 15, 2020
Cited by
0 cases
Authority
More cited than 28.2%

discussing the justifications for the “strong presumption in favor of openness”

How later courts described this case

  • discussing the justifications for the “strong presumption in favor of openness”
  • “‘[T]he greater the public interest in the litigation’s subject matter, the greater the showing necessary to overcome the presumption of access.’”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ABRAHAM, INC., et al.,

Plaintiffs,

Case No. 2:18-cv-1306

vs. Judge Edmund A. Sargus, Jr.

Chief Magistrate Judge Elizabeth P. Deavers

UNITED STATES OF AMERICA

Defendant.

ORDER

Defendant United States of America has filed a renewed Motion for Leave to File its

Motion for Summary Judgment Under Seal. (ECF No. 43.) For the following reasons, the

motion is GRANTED.

It is well established that “[e]very court has supervisory power over its own records and

files.” Nixon v. Warner Commc’ns, 435 U.S. 589, 598 (1978). A court’s discretion to seal

records from public inspection, however, is limited by “the presumptive right of the public to

inspect and copy judicial documents and files[,]” which the United States Court of Appeals for

the Sixth Circuit as described as a “long-established legal tradition.” In re Knoxville News-

Sentinel Co., Inc., 723 F.2d 470, 473–74 (6th Cir. 1983); see also Brown & Williamson Tobacco

Corp. v. FTC, 710 F.2d 1165, 1178–80 (6th Cir. 1983) (discussing the justifications for the

“strong presumption in favor of openness”). Therefore, “[o]nly the most compelling reasons can

justify non-disclosure of judicial records.” Shane Grp., Inc. v. Blue Cross Blue Shield of Mich.,

825 F.3d 299, 305 (6th Cir. 2016) (internal quotation marks and citation omitted). The Sixth

Circuit has indicated that exceptions fall into two categories: (1) exceptions “based on the need

to keep order and dignity in the courtroom”; and (2) “content-based exemptions,” which “include

certain privacy rights of participants or third parties, trade secrets, and national security.” Brown

& Williamson Tobacco Corp., 710 F.2d at 1179 (citations omitted).

In addition, the Sixth Circuit has recently emphasized the public’s “strong interest in

obtaining the information contained in the Court record.” Shane Grp., Inc., 825 F.3d at 305

(internal quotation marks and citation omitted); see also In re Nat’l Prescription Opiate Litig.,

927 F.3d 919, 939 (6th Cir. 2019) (“‘[T]he greater the public interest in the litigation’s subject

matter, the greater the showing necessary to overcome the presumption of access.’”) (quoting

Shane Grp., Inc., 825 F.3d at 305). Accordingly, district courts must consider “each pleading [to

be] filed under seal or with redactions and to make a specific determination as to the necessity of

nondisclosure in each instance” and must “bear in mind that the party seeking to file under seal

must provide a ‘compelling reason’ to do so and demonstrate that the seal is ‘narrowly tailored to

serve that reason.’” In re Nat’l Prescription Opiate Litig., 927 F.3d at 940 (quoting Shane Grp.,

825 F.3d at 305). If a district court “permits a pleading to be filed under seal or with redactions,

it shall be incumbent upon the court to adequately explain ‘why the interests in support of

nondisclosure are compelling, why the interests supporting access are less so, and why the seal

itself is no broader than necessary.’” Id. (quoting Shane Grp., Inc., 825 F.3d at 306).

In its renewed motion, Defendant sets forth a more detailed explanation as to why the

motion for summary judgment and its related exhibits should be filed under seal. Specifically,

Defendant explains that the summary judgment motion relies on the Administrative Record and

that the Record contains personally identifying information as well as sensitive Supplemental

Nutrition Assistance Program (SNAP) information including purchasing history and

investigative techniques. The Court finds that the existence of personally identifying

information relating to SNAP households is a compelling reason to allow Defendant to file its

motion and related attachments under seal. However, to ensure that the sealing is appropriately

limited in scope, Defendant is required to file a redacted version on the public record.

Accordingly, the Motion for Leave to File Under Seal (ECF No. 43) is GRANTED.

Defendant shall file a redacted version of its motion for summary judgment and related exhibits

on the public record within SEVEN (7) DAYS.

IT IS SO ORDERED.

/s/ Elizabeth A. Preston Deavers______

DATED: June 15, 2020 ELIZABETH A. PRESTON DEAVERS

CHIEF UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.