Opinion

Apex Bank v. Rainsford

Court
District Court, E.D. Tennessee
Filed
Aug 16, 2021
Cited by
0 cases
Authority
More cited than 29.6%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TENNESSEE

AT KNOXVILLE

APEX BANK, et al., )

) Case No. 3:19-cv-130

Plaintiffs, )

) Judge Travis R. McDonough

v. )

) Magistrate Judge H. Bruce Guyton

BETTIS C. RAINSFORD, )

)

Defendant. )

)

APEX BANK, et al., )

) Case No. 3:20-cv-198

Plaintiffs, )

) Judge Travis R. McDonough

v. )

) Magistrate Judge H. Bruce Guyton

BETTIS C. RAINSFORD, )

)

Defendant. )

)

ORDER

Before the Court are Plaintiffs Apex Bank (“Apex”), Matthew D. Daniels, and Brad

Hailey’s motion to strike an exhibit to Defendant Bettis C. Rainsford, Sr.’s motion for summary

judgment (Doc. 151) and their motion to expedite ruling on the motion to strike (Doc. 154). For

the following reasons, the Court will GRANT Plaintiffs’ motion to expedite and will DENY

their motion to strike.

In October 2018, Defendant submitted an article to the Knoxville Daily Sun for

publication detailing Plaintiffs’ allegedly “predatory” practice of acquiring troubled loans and

judgments at steep discounts and pursuing the unfortunate debtors and guarantors, bringing

“misery and suffering” to hundreds of struggling Tennessee individuals and companies. (Doc. 1-

2, at 6.) Defendant described this practice as “immoral” and “un-Christian,” and, in cases like

his “where Apex Bank has breached a written agreement, illegal.” (Id.)

In May 2020, Plaintiffs sued Defendant for his publication of the online article. (See

Doc. 1.) They allege that the article was “false and defaming” because it stated that Plaintiffs

“(1) engaged in business endeavors to bring misery and suffering to hundreds of individuals and

companies; (2) engaged in ‘predatory actions’ in their professional banking endeavors; and (3)

engaged in predatory, immoral, un-Christian, and illegal actions.” (Id. at 2–3.) Plaintiffs’

complaint generally claims that the statements are false. (See id.)

On August 10, 2021, Defendant moved for summary judgment on Plaintiffs’ claims

against him. (Doc. 145.) In support of his motion, Defendant attached an exhibit detailing

purchased-loan information for Apex, including borrower names, guarantor names, amounts

Apex paid for the loans, and amounts Apex collected on the purchased loans. (Doc. 145-5.)

Regarding this information, the Court previously instructed the parties not to disclose this

information outside of this litigation but stated that “[s]hould the material need to be filed with

the Court, the parties may move to file it under seal.” (Doc. 89 (emphasis added).)

Plaintiffs now ask the Court to strike this exhibit because: (1) the Court’s order “would

seem to require Defendant to file/move to file the document under seal”; (2) Defendant removed

the header from the exhibit, which warned that the document contained confidential information;

and (3) the document was needlessly filed, as Defendant could have used different evidence from

discovery to support his assertion that Apex made over 3,000 loans. (Doc. 153, at 2.)

Rule 12(f) of the Federal Rules of Civil Procedure states that the Court “may strike from

a pleading . . . any redundant, immaterial, impertinent, or scandalous matter.” The exhibit

Plaintiffs now seek to strike is none of those things. Plaintiffs have alleged that Defendant

defamed them when he published statements detailing Plaintiffs’ allegedly “predatory” practice

of acquiring troubled loans and judgments at steep discounts and pursuing the unfortunate

debtors and guarantors, bringing “misery and suffering” to hundreds of struggling Tennessee

individuals and companies. (Doc. 1-2, at 6.) As a result of these allegations, Plaintiffs’ loan-

purchase and collection practices are central to their claims against Defendant. Moreover, the

Court’s order stated that the parties “may” move to file such information under seal. Such

language is permissive, not mandatory, although the better course would have been to file such a

motion. Defendant is not obligated to pick evidence used to support his motion for summary

judgment based on Plaintiffs’ preference for what information appears in the public record.

Plaintiffs initiated this action and put this information at issue by doing so. They cannot now

claim that it is unfair for this information to be part of the public record. Accordingly, Plaintiffs’

motion to expedite ruling (Doc. 154) is GRANTED and their motion to strike (Doc. 151) is

DENIED.

To the extent Plaintiffs’ motion to strike can be construed as a motion to seal the exhibit

at issue (Doc. 145-5), the motion is GRANTED IN PART. The Sixth Circuit has long

recognized the strong public interest in obtaining information relied upon by courts in reaching

adjudicative decisions. Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 305

(6th Cir. 2016); Brown v. Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179–80 (6th Cir.

1983). The party seeking to seal information bears the burden of overcoming this interest, and

“[o]nly the most compelling reasons can justify non-disclosure of judicial records.” Shane Grp.,

825 F.3d at 305 (internal quotation omitted). However, “the privacy interests of innocent third

parties should weigh heavily in a court’s balancing equation.” Id. at 308 (internal quotation

omitted). Where a compelling reason supports sealing certain documents, “the seal itself must be

narrowly tailored to serve that reason.” Id. at 305. And, even if no party objects to sealing the

information, the Court is obligated to weigh the competing interests at stake. Id. at 306.

In this case, the exhibit at issue includes third-party information regarding loans

purchased by Apex bank. Those third parties have a privacy interest in that information.

Accordingly, the Court ORDERS that the Clerk’s office SEAL Document 145-5 and that

Defendant refile the exhibit with column titled “DEBTORS AND OBLIGORS” redacted.

SO ORDERED.

/s/ Travis R. McDonough

TRAVIS R. MCDONOUGH

UNITED STATES DISTRICT 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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