Opinion

Rover Pipeline LLC v. Kanzigg

Court
District Court, S.D. Ohio
Filed
Jun 30, 2020
Cited by
0 cases
Authority
More cited than 28.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

ROVER PIPELINE LLC,

Plaintiff,

Civil Action 2:17-cv-105

vs. Chief Judge Algenon L. Marbley

Magistrate Judge Jolson

5.46 ACRES OF LAND, MORE OR

LESS, IN BELMONT COUNTY, OHIO

(PIPELINE RIGHT-OF-WAY

S ERVITUDE), et al.,

Defendants.

OPINION AND ORDER

This matter is before the Court on Plaintiff’s Motion to Seal. (Doc. 931). Plaintiff seeks

to file Exhibit “C” to its Combined Motion for Temporary Restraining Order, Preliminary

Injunction and Permanent Injunction (Doc. 930-3) under seal. (See generally Doc. 931). For the

reasons that follow, Plaintiff’s Motion is DENIED without prejudice to re-filing.

I. STANDARD

A district court may enter a protective order during discovery on a mere showing of “good

cause.” Fed. R. Civ. P. 26(c)(1). “[V]ery different considerations apply” when a party seeks to

seal documents “[a]t the adjudication stage,” which applies “when the parties place material in the

court record.” Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir.

2016) (quotation omitted). “Unlike information merely exchanged between the parties, ‘[t]he

public has a strong interest in obtaining the information contained in the court record.’” Id.

(quoting Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1180 (6th Cir. 1983)). For

this reason, the moving party owns a “heavy” burden of overcoming a “‘strong presumption in

favor of openness’ as to court records.” Shane Grp., Inc., 825 F.3d at 305 (quoting Brown &

Williamson, 710 F.2d at 1179). “[T]he seal itself must be narrowly tailored to serve that reason,”

which requires the moving party to “analyze in detail, document by document, the propriety of

secrecy, providing reasons and legal citations.” Shane Grp., Inc., 825 F.3d at 305–06 (quotation

marks and citation omitted). Similarly, the court “that chooses to seal court records must set forth

specific findings and conclusions which justify nondisclosure.” Id. at 306 (quotation marks and

citation omitted).

II. DISCUSSION

The Sixth Circuit’s decision in Shane Group, Inc. v. Blue Cross Blue Shield of Michigan

provides guidance for analyzing Plaintiff’s Motion. There, “[n]umerous court filings,” including

the plaintiffs’ amended complaint, the motion for class certification, and 194 exhibits, were filed

under seal. Graiser v. Visionworks of Am., Inc., No. 1:15-CV-2306, 2016 WL 3597718, at *1

(N.D. Ohio July 5, 2016) (citing Shane Grp., Inc., 825 F.3d at 307). The sole justification was that

the filings “contained materials designated as confidential under [a joint] protective order.”

Graiser, 2016 WL 3597718, at *1 (citing Shane Grp., Inc., 825 F.3d at 306). And the Sixth Circuit

held that such reasoning was “inadequate” to seal the documents at issue because it was “brief”

and “perfunctory.” Shane Grp., Inc., 825 F.3d at 306.

Plaintiff’s reasoning here is similarly thin. It states simply that “Exhibit C contains

confidential financial information, and thus should not be made publicly available.” (Doc. 931 at

1). But it also notes that it has filed a redacted version of the exhibit that redacts the “confidential

financial information.” (Id.). But, as the Sixth Circuit has told us, “in civil litigation, only trade

secrets, information covered by a recognized privilege (such as the attorney-client privilege), and

information required by statute to be maintained in confidence (such as the name of a minor victim

of a sexual assault), is typically enough to overcome the presumption of access.” Shane Grp., Inc.,

825 F.3d at 308 (citation and quotations omitted). And Plaintiff has not demonstrated that the

information it seeks to seal falls into any of these categories.

Moreover, as the Court in Shane also emphasized, “[i]n delineating the injury to be

prevented, specificity is essential.” Id. at 307–08 (quoting In re Cendant Corp., 260 F.3d 183, 194

(3d Cir. 2001)). But Plaintiff has not “demonstrate[d]—on a document-by-document, line-by-line

basis—that specific information in the court record meets the demanding requirements for a seal.”

Shane Grp., Inc., 825 F.3d at 308; see also Blasi v. United Debt Servs., LLC, No. 2:14-CV-83,

2016 WL 3765539, at *1 (S.D. Ohio July 14, 2016) (applying Shane to reach a similar conclusion);

Graiser, 2016 WL 3597718, at *2 (same). Indeed, Plaintiff has not explained with particularity

why redaction is proper let alone filing the entire exhibit under seal.

Plaintiff’s Motion (Doc. 931) is therefore DENIED without prejudice to re-filing. The

Clerk is DIRECTED to temporarily seal Exhibit C (Doc. 930-3) for ten (10) days. While Exhibit

C is under a temporary seal, Plaintiff may re-file a more detailed and narrowly-tailored motion to

permanently seal. See Blasi, 2016 WL 3765539, at *1 (noting that a proper motion to seal must

“demonstrate[] a compelling reason for filing under seal, . . . must be narrowly tailored to serve

that reason,” and must “analyze in detail, document by document, the propriety of secrecy,

providing reasons and legal citations”).

III. CONCLUSION

For the above reasons, Plaintiff’s Motion to Seal (Doc. 931) is DENIED without

prejudice to re-filing.

IT IS SO ORDERED.

Date: June 30, 2020 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

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.

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