The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION - CINCINNATI
TWC CONCRETE, LLC, ; Case No. 1:23-cv-345
Plaintiff, Judge Matthew W. McFarland
z .
ANTHONY DECARLO, JR., et al,
Defendants.
ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE UNDER SEAL
(Doc. 14)
The case is before the Court on Plaintiff's Motion for Leave to File Under Seal (Doc.
14), where Plaintiff seeks leave to file multiple exhibits to the Declaration of Ellen H.
Phillip under seal. The motion is unopposed.
Federal courts have long recognized a strong presumption in favor of openness
which can be overcome only by “the most compelling reasons.” Shane Grp., Inc. v. Blue
Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir. 2016) (citing In re Knoxville News-
Sentinel Co., 723 F.2d 470, 476 (6th Cir. 1983)). Accordingly, “[t]he burden of overcoming
that presumption is borne by the party that seeks to seal them.” Brown & Williamson
Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1180 (6th Cir. 1983). “To meet this burden, the party
must show three things: (1) a compelling interest in sealing the records; (2) that the
interest in sealing outweighs the public’s interest in accessing the records; and (3) that the
request is narrowly tailored.” Kondash v. Kia Motors Am., Inc., 767 F. App'x 635, 637 (6th
Cir. 2019). To do so, the party must “analyze in detail, document by document, the
propriety of secrecy, providing reasons and legal citations.” Id. (citing Shane Grp., 825
F.3d at 305). And typically, in civil litigation, only trade secrets, information covered by
a recognized privilege, and information required by statute to be maintained in
confidence is typically enough to overcome this presumption. Shane Grp., 825 F.3d at 305.
Considering the nature of the information contained within the exhibits, Plaintiff
has demonstrated that (1) compelling interests exist to seal the exhibits, (2) such interests
outweigh the public’s interest in accessing the exhibits, and (3) Plaintiff's request is
narrowly tailored. Therefore, Plaintiff's Motion (Doc. 14) is GRANTED. Plaintiff SHALL
FILE Exhibits 1, 2, 3,4 and 5 to the Declaration of Ellen H. Phillips under seal.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WM sik, Wis deDb
By:
JUDGE MATTHEW W. McFARLAND