Opinion

Andrews v. Tri Star Sports and Entertainment Group, Inc.

Court
District Court, M.D. Tennessee
Filed
May 22, 2023
Cited by
0 cases
Authority
More cited than 29.7%

The opinion

IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

CHRISTIE ANDREWS, )

)

Plaintiff, )

) NO. 3:21-cv-00526

v. )

)

TRI STAR SPORTS AND ) JUDGE RICHARDSON

ENTERTAINMENT GROUP, INC., )

)

Defendant. )

MEMORANDUM OPINION

Pending before the Court is Defendant’s unopposed motion (Doc. No. 73, “Motion”) to

seal portions of exhibits to Plaintiff’s response in opposition to Defendant’s motion for summary

judgment. For the reasons stated herein, the Motion will be granted.

There is a strong presumption for court records to be open to the public, and thus there is a

heavy burden to show why any records should be sealed. See, e.g., Brown & Williamson Tobacco

Corp. v. FTC, 710 F.2d 1165, 1176-79 (6th Cir. 1983). “To meet this burden, the party seeking a

seal must show (1) a compelling interest in sealing the records; (2) that the interests in sealing

outweigh the public’s right of access; and (3) that the proposed seal is narrowly-tailored.” Durbin

v. C&L Tiling Inc., No. 3:18-CV-334-RGJ, 2019 WL 4615409, at *14 (W.D. Ky. Sept. 23,

2019) (citing Rudd Equip. Co. v. John Deere Constr. & Forestry Co., 834 F.3d 589, 593-94 (6th

Cir. 2016)).

The Sixth Circuit has noted that “the privacy interests of innocent third parties should

weigh heavily in a court's balancing equation.” Shane Grp., Inc. v. Blue Cross Blue Shield of

Michigan, 825 F.3d 299, 308 (6th Cir. 2016) (quoting United States v. Amodeo, 71 F.3d 1044,

1050 (2d Cir. 1995)). However, “[t]he public has a strong interest in obtaining the information

contained in the court record [and] ... in ascertaining what evidence and records the District Court

[ ] relied upon in reaching [its] decisions.” Brown & Williamson Tobacco Corp. v. F.T.C., 710

F.2d 1165, 1180 (6th Cir. 1983).

The Sixth Circuit has also recognized that trade secrets will generally satisfy a party’s

burden of showing a compelling reason for sealing documents. See Kondash v. Kia Motors

America, Inc., 767 F. App’x 635, 638 (6th Cir. 2019). Nonetheless, “even if a district court finds

that a trade secret exists, it must still determine whether public interest outweighs the moving

party's interests in protecting their trade secret.” See id.

Defendant requests that the Court seal or redact exhibits or portions of exhibits that contain

personal health information of third parties, the contact information of former employees of

Defendant, and in some instances, the names of third parties. Defendant also requests that the Court

redact information regarding particular employees’ billing rates, the name of Defendant’s client,

and information pertaining to Defendant’s business during the COVID-19 pandemic. (Doc. No.

73). The Court has reviewed the exhibits and the portions thereof which Defendant seeks to redact

and agrees with Defendant that the information contained therein is either private information of

third parties or information pertaining to trade secrets. The Court finds that the privacy interests of

the third parties and the interests in protecting trade secrets outweighs the public’s interest in

accessing the information. The Court also finds that the requests to seal or redact are narrowly

tailored.

As a result, each of the exhibits that Defendant filed under seal, and seeks via the Motion

to keep under seal, shall remain under seal. The Court will separately enter a corresponding order

which specifies (a) those exhibits as to which no redacted version needs to be publicly filed

(because the filing of a redacted version would be “impracticable,” M.D. Tenn. LR 5.03, given

that the portion not subject to redaction would be would negligible or immaterial); and (b) as to

remaining exhibits, what redactions are permissible in the redacted version that must be publicly

filed.

Che Rechardser

ELI RICHARDSON

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.

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.