Opinion

Reigelsperger v. Polaris Industries, Inc.

Court
District Court, S.D. Ohio
Filed
Jun 3, 2025
Cited by
0 cases
Authority
More cited than 36.1%

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION (DAYTON)

JACOB REIGELSPERGER, et al., : Case No. 3:25-cv-00148

:

Plaintiffs, : District Judge Michael J. Newman

: Magistrate Judge Caroline H. Gentry

vs. :

:

POLARIS INDUSTRIES, INC., et al.,

:

Defendants. :

ORDER GRANTING POLARIS DEFENDANTS’ MOTION

FOR LEAVE TO FILE DOCUMENT UNDER SEAL (DOC. NO. 19)

Before the Court is the Motion for Leave to File Exhibit A to Response to Order to

Show Cause Under Seal (“Motion to Seal,” Doc. No. 19) filed by Defendants Polaris

Sales Inc. and Polaris Industries Inc. (“Polaris Defendants”). Polaris Defendants seek

leave to file a sealed exhibit to supplement their response to this Court’s Order to Show

Cause (“Order to Show Cause, Doc. No. 14.) For the following reasons, the Court

GRANTS the Motion to Seal.

I. LEGAL STANDARD

A party that seeks to seal court records bears a “heavy” burden of overcoming the

“‘strong presumption in favor of openness’ as to court records.” Shane Grp., Inc. v. Blue

Cross Blue Shield, 825 F.3d 299, 305 (6th Cir. 2016) (quoting Brown & Williamson

Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1179 (6th Cir. 1983). “Only the most

compelling reasons can justify non-disclosure of judicial records.” Id. Such compelling

reasons may include trade secrets, information protected by a recognized privilege, or

information protected by statute. Id. at 308. But even 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). And the extent of the seal “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.”

Shane Grp., 825 F.3d at 305-06 (quotation omitted). Ultimately, the movant must show,

with specificity, that “disclosure will work a clearly defined and serious injury.” Id. at

307-08 (internal citations and quotations omitted).

In sum, a party that seeks to seal documents filed with the Court must

demonstrate: “(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, 767 F. App’x at 637. The Court must then make specific

findings and conclusions to justify sealing the records. Shane Grp., 825 F.3d at 306

(citing Brown & Williamson, 710 F.2d at 1176).

II. RELEVANT FACTS

This dispute arose from injuries that Plaintiffs Jacob and Nikole Reigelsperger

allegedly sustained due to an accident that occurred during the operation of a Polaris

ATV. (Complaint, Doc. No. 8 at PageID 89-91.) Plaintiffs filed this action in the

Montgomery County Common Pleas Court. (Id.) Plaintiffs seek damages from Polaris

Defendants “in a sum in excess of $25,000.00,” plus pre-judgment interest, post-

judgment interest, and costs. (Id. at PageID 97-98.) Plaintiffs also seek declaratory-

judgment subrogation against Defendant United Healthcare Services, Inc. (“Defendant

United Healthcare”). (Id. at PageID 96.) Polaris Defendants, together with Defendant

United Healthcare, removed the lawsuit to this Court based upon diversity of citizenship

under 28 U.S.C. § 1332. (Notice of Removal, Doc. No. 1.) After reviewing the Notice of

Removal, the undersigned Magistrate Judge issued an Order to Show Cause (Doc. No.

14) as to why this action should not be remanded for lack of subject-matter jurisdiction.

Polaris Defendants seek leave to file under seal the Medical Payment Summary for

Plaintiff Nikole Reigelsperger (“Plaintiff”) as Exhibit A to their response to the Order to

Show Cause. (Motion to Seal, Doc. No. 19.) Polaris Defendants assert that the Medical

Payment Summary is protected under the Health Insurance Portability and Accountability

Act of 1996 (HIPAA) because it contains protected health information (PHI) and was

provided by the Plaintiff’s insurance company, UMR, Inc., a covered entity. (Id. at

PageID 152, 156 (citing Declaration of Zachary C. Maciaszek (“Maciaszek

Declaration”), Doc. No. 19-2 at PageID 159-60).) Polaris Defendants further argue that

the exhibit should be sealed because it “contains information specific to Plaintiff, is

material to the litigation, and will be provided as evidence of the amount in controversy.”

(Id. at PageID 152.)

III. ANALYSIS

The first step of the Shane Group test considers whether there is a compelling

interest in sealing the records. The Court is persuaded by Polaris Defendants’ argument

that they have a compelling interest in keeping the information contained in the Medical

Payment Summary out of the public eye:

Here, the Exhibit is a medical billing summary that is protected under the

Health Insurance Portability and Accountability Act of 1996 (HIPAA), as it

contains protected health information (PHI) and was provided by the claims

administrator for Plaintiff’s health insurance plan, UMR, Inc., a covered

entity. (Maciaszek Decl. ¶¶ 3, 4.) The Exhibit contains sensitive medical

treatment information that is specific to the plaintiff, is material to the

litigation, and will be provided as evidence of the amount at controversy.

(Id. ¶ 5.) The requested seal is not overly broad as there is no compelling

reason for the public to access the Exhibit containing sensitive medical

information and PHI, as the information is not pertinent to the general

public’s understanding of the case. (Id. ¶ 6) Thus, the Exhibit should be

sealed to allow Polaris Defendants to fully respond to the Order to Show

Cause and establish proof that the amount in controversy exceeds $75,000.

(Motion to Seal, Doc. No. 19-1 at PageID 156.)

The Sixth Circuit recognizes “content-based exceptions to the right of [public]

access [to court records] . . . to protect competing interests,” which include “certain

privacy rights of participants or third parties.” Brown & Williamson, 710 F.2d at 1165.

Significantly, this Court has held that a compelling interest can exist in sealing

documents that contain highly sensitive medical information. See, e.g., Harrison v. Scott,

No. 2:18-cv-1023, 2021 U.S. Dist. LEXIS 111541, at *3-4 (S.D. Ohio June 15, 2021)

(Preston Deavers, M.J.) (sealing summary judgment exhibits containing the plaintiff’s

confidential and sensitive medical records); Siefert v. Hamilton Cty. Bd. of

Commissioners, No. 1:17-cv-511, 2017 U.S. Dist. LEXIS 150629, at *5 (S.D. Ohio Sept.

18, 2017) (Black, D.J.) (“Based upon the highly sensitive nature of the allegations

contained in the complaint, which include many details intimately related to medical care

received by a minor, the Court finds that there is significant justification for preventing

disclosure of the complaint to the public.”); Gibson v. Unum Life Ins. Co. of Am., No.

1:23-cv-000695-JPH, 2024 U.S. Dist. LEXIS 202161, at *5 (S.D. Ohio Nov. 6, 2024)

(Hopkins, D.J.) (finding a compelling interest to seal the administrative record that

“largely contain[ed] [the plaintiff’s] confidential personal and/or medical information”);

Cluck v. UNUM Life Ins. Co. of Am., No. 2:18-cv-56, 2019 U.S. Dist. LEXIS 203849, at

*4 (S.D. Ohio Nov. 25, 2019) (Preston Deavers, M.J.) (“Sealing Plaintiff's medical

records and private health information is in accordance with the strong policy of HIPAA

and Ohio Revised Code Section 2317.02(B) of protecting patient information.”) Based on

this authority, the Court agrees that Polaris Defendants have a compelling interest in

sealing the Medical Payment Summary.

The second step of the Shane Group test considers whether the compelling interest

in sealing court records outweighs the public’s interest in accessing the records. Here, the

Court finds that the interest in safeguarding Plaintiff’s sensitive medical information

outweighs the public interest in the information. Additionally, the Court has no reason to

believe that the particulars of Plaintiff’s private health information are relevant to the

public’s understanding of the matter at this time.

Finally, the third step of the Shane Group test considers whether the proposed seal

or redaction is narrowly tailored. This Court has recognized “the necessity of sealing

documents in their entirety if ‘confidential information is pervasive’ throughout the at-

issue records.” Gibson, 2024 U.S. Dist. LEXIS 202161, at *5 (quoting Goodyear Tire &

Rubber Co. v. Conagra Foods, Inc., No. 2:20-cv-6347, 2021 U.S. Dist. LEXIS 128872, at

*6 (S.D. Ohio July 12, 2021) (Preston Deavers, M.J.)). Here, the Medical Payment

Summary contains Plaintiff’s sensitive medical treatment and diagnostic information

(Motion to Seal, Doc. No. 19-1 at PageID 156; Maciaszek Declaration, Doc. No. 19-2 at

PageID 159), and so the Court finds that sealing the document in its entirety is “no

broader than necessary” to protect the information, because redaction may render the

document meaningless. Shane Group, 825 F.3d at 306.

For all of these reasons, the Court finds that (1) Polaris Defendants have a

compelling interest in sealing Plaintiff’s sensitive medical information, (2) this

compelling interest outweighs the public interest in release of the confidential

information, and (3) permitting Polaris Defendants to file the proposed exhibit under seal

is narrowly tailored to serve this compelling interest.

IV. CONCLUSION

For the foregoing reasons, Polaris Defendants’ Motion to Seal (Doc. No. 19) is

GRANTED. Polaris Defendants are GRANTED LEAVE to file Exhibit A under seal

as an attachment to Polaris Defendants’ Response to this Court’s Order to Show Cause

(Doc. No. 14).

IT IS SO ORDERED.

/s/ Caroline H. Gentry

Caroline H. Gentry

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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