Opinion

Language Access Network v. CulturaLink

Court
District Court, S.D. Ohio
Filed
Nov 15, 2021
Cited by
0 cases
Authority
More cited than 28.3%

“Only the most compelling reasons can justify non-disclosure of judicial records.” (quotation omitted)

How later courts described this case

  • “Only the most compelling reasons can justify non-disclosure of judicial records.” (quotation omitted)

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

LANGUAGE ACCESS NETWORK

Case No. 2:19-cv-194

Plaintiff, Chief Judge Algenon L. Marbley

Magistrate Judge Kimberly A. Jolson

v.

CULTURALINK, et al.,

Defendants.

OPINION & ORDER

This matter is before the Court on a renewed joint Motion to Seal (Doc. 76). This motion

is responsive to the Court’s previous Opinion and Order (Doc. 75), which denied without prejudice

the seal requested for exhibit 235, exhibit 240, and Richard Gordon’s deposition transcript pages

73–74 and 177–81. For the following reasons, the renewed Motion is GRANTED.

I. STANDARD

Courts distinguish between limiting public disclosure of information during discovery

versus the adjudicative stage of a case. See Shane Grp., Inc. v. Blue Cross Blue Shield of Michigan,

825 F.3d 299, 305 (6th Cir. 2016). “The line between these two stages, discovery and adjudicative,

is crossed when the parties place material in the court record.” Id. (citing Baxter Int’l, Inc. v.

Abbott Labs., 297 F.3d 544, 545 (7th Cir. 2002)). “Unlike information merely exchanged between

the parties, ‘[t]he public has a strong interest in obtaining the information contained in the court

record.’” Shane Grp., 825 F.3d at 305 (quoting Brown & Williamson Tobacco Corp. v. F.T.C.,

710 F.2d 1165, 1180 (6th Cir. 1983)). For this reason, the moving party has a “heavy” burden of

overcoming a “‘strong presumption in favor of openness’ as to court records.” Shane Grp., 825

F.3d at 305 (quoting Brown & Williamson, 710 F.2d at 1179); see also Shane Grp., 825 F.3d at

305 (“Only the most compelling reasons can justify non-disclosure of judicial records.” (quotation

omitted)).

“[I]n 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., 825 F.3d at 308 (citation and quotations

omitted). “[T]he seal itself must be narrowly tailored to serve” the reason for sealing, which

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

providing reasons and legal citations.” Id. at 305–06 (quotation omitted). Ultimately, the movant

must show that “disclosure will work a clearly defined and serious injury … And in delineating

the injury to be prevented, specificity is essential.” Id. at 307–08 (internal citations and quotations

omitted). If there is a compelling reason, “the party must then show why those reasons outweigh

the public interest in access to those records.” Kondash v. Kia Motors Am., Inc., 767 F. App’x

635, 637 (6th Cir. 2019) (citing Shane Grp., 825 F.3d at 305). The Court “has an obligation to

keep its records open for public inspection [and] that obligation is not conditioned upon the desires

of the parties to the case.” Harrison v. Proctor & Gamble Co., No. 1:15-CV-514, 2017 WL

11454396, at *1–2 (S.D. Ohio Aug. 11, 2017) (citing Shane Grp., 825 F.3d at 307.). The court

“that chooses to seal court records must set forth specific findings and conclusions ‘which justify

nondisclosure to the public.’” Shane Grp., 825 F.3d at 306 (citing Brown & Williamson, 710 F.2d

at 1176).

II. DISCUSSION

The parties jointly “request that the Court permit them to file un-redacted versions of the

following documents under seal and redacted versions with the Clerk:” exhibit 235, exhibit 240,

and pages of Richard Gordon’s deposition transcript. (Doc. 76). The parties represent that

disclosure on the public docket of this private information would put Defendants at a competitive

disadvantage. (Doc. 76 at 4). Previously, in an Opinion and Order (Doc. 75), the Undersigned

denied without prejudice the seal of these documents because the motion did not meet the Sixth

Circuit’s high bar for sealing. The parties have now submitted more narrowly tailored redactions

for the Court’s consideration.

This Court has recognized that companies have a compelling interest in protecting

confidential information when disclosure on the public docket would “give a significant advantage

to competitors of the parties in this action.” Total Quality Logistics, LLC v. Riffe, No. 1:19-CV-

23, 2020 WL 5849408, at *2 (S.D. Ohio Sept. 30, 2020); see also Lucid Health, Inc. v. Premier

Imaging Ventures, LLC, No. 2:20-CV-1055, 2021 WL 128956, at *2 (S.D. Ohio Jan. 14, 2021).

The parties have met the burden to justify sealing these documents, which “contain financial trade

secret information relating to the amounts of Catholic Health Initiatives’ investments in Defendant

CulturaLink, as well as CulturaLink’s revenues, expenses, and profit margins.” (Doc. 76 at 4).

Furthermore, the proposed redactions are narrowly tailored. Lastly, the public has a lesser interest

in viewing this confidential financial because it is not needed to understand the events giving rise

to the dispute or the arguments in the case. Ewalt v. GateHouse Media Ohio Holding II, Inc., No.

2:19-CV-4262, 2020 WL 6110569, at *3 (S.D. Ohio Oct. 16, 2020). Accordingly, the motion is

GRANTED.

III. CONCLUSION

For the above reasons, the Court GRANTS the parties’ joint Motion for Leave to File

Documents Under Seal (Doc. 76).

IT IS SO ORDERED.

Date: November 15, 2021 /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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