1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS LIABILITY 

LITIGATION

This Document Relates To All Actions

)

)

)

)

)

)

)

Case No. 3:19-md-2885

Hon. Judge M. Casey Rodgers

Magistrate Judge Gary R. Jones

PLAINTIFFS’ MOTION FOR LEAVE TO FILE UNDER SEAL

EXHIBITS TO THEIR AMENDED MOTION TO AUTHORIZE 

DISCLOSURE OF MILITARY RECORDS

Plaintiffs, pursuant to Federal Rule of Civil Procedure 5.2, Local Rule 

5.5, move the Court for leave to file under seal Exhibits A1 through A4 to 

Plaintiffs’ Amended Motion to Authorize Disclosure of Military Records.

Plaintiffs will also publicly file a version of its briefing with appropriate

redactions.

Pursuant to the Protective Order, Plaintiffs move for leave to file under

seal Exhibits A1 through A4 to Plaintiffs’ Amended Motion to Authorize 

Disclosure of Military Records on the basis of Plaintiffs’ personal identifying 

information being provided as part of the associated Touhy requests and 

Plaintiffs’ designation as “CONFIDENTIAL” under sections III.D of the

Protective Order. Section III.D of the Protective Order states,

Confidential Information or Items: Any disclosure or Discovery 

Material that the Producing Party designates as “CONFIDENTIAL.” 

Case 3:19-md-02885-MCR-HTC Document 3653 Filed 01/30/23 Page 1 of 6
2

The Producing Party may designate as “CONFIDENTIAL” Discovery 

Material that the Producing Party reasonably believes constitutes, 

reflects, discloses, or contains (i) trade secret or other confidential 

research, development, or commercial information subject to 

protection under Federal Rule of Civil Procedure 26(c); (ii) material 

protected by federal, state, or foreign data protection laws or other 

privacy obligations subject to protection under Federal Rule of Civil 

Procedure 26(c); or (iii) other information subject to protection under 

Federal Rule of Civil Procedure 26(c).

Plaintiffs move to file under seal exhibits regarding their Motion to 

Remand as follows: 

EXHIBIT

NO.

DESCRIPTION

A1

through 

A4

Spreadsheet of personal information for military personnel 

pursuant to Touhy request made by Plaintiffs’ Counsel.

The exhibits filed under seal will be sent electronically by email to Judge 

Rodgers (via email at flnd_rodgers@flnd.uscourts.gov), Judge Cannon (via email 

at flnd_cannon@flnd.uscourts.gov) and a copy will also be sent electronically by 

email to all counsel of record.

ARGUMENT

A showing of good cause can overcome the public’s common law right of

access. See Romero v. Drummond Co., 480 F.3d 1234, 1246 (11th Cir. 2007).

Courts balance the asserted right of access against the moving party’s interest in

keeping information confidential. Id. (citing Chi. Tribune Co. v.

Bridgestone/Firestone,Inc., 263 F.3d 1304, 1311 (11th Cir. 2001)). A party’s

Case 3:19-md-02885-MCR-HTC Document 3653 Filed 01/30/23 Page 2 of 6
3

privacy or proprietary interest may overcome the interest of the public in

accessing the information. Id. (citing Nixon v. Warner Commc’ns, Inc., 435 U.S.

589, 597 (1978)).

Plaintiffs move for leave to file under seal exhibits to their Motion to 

Remand, on the basis of Plaintiffs’ designation as “CONFIDENTIAL” under

sections III.D of the Protective Order. Plaintiffs will file the public version of the 

aforementioned memorandum with discussions of the confidential information

redacted in order to protect its confidentiality designations.

WHEREFORE, Plaintiffs request that this Court enter an Order granting 

Plaintiffs leave to file the specified exhibits under seal and approving the filing of 

the public version of Plaintiffs’ Amended Motion to Authorize Disclosure of 

Military Records, with corresponding redactions, and directing the Clerk to 

maintain the documents sealed from public record until further Order of this Court 

upon the resolution and closing of this matter. 

Dated: January 30, 2023 Respectfully submitted,

s/ Bryan F. Aylstock 

Bryan F. Aylstock, Lead Counsel

Florida State Bar No. 078263

Aylstock, Witkin, Kreis & Overholtz, PLLC

17 East Main Street

Suite 200

Pensacola, FL 32502

Tel.: (850) 202-1010

baylstock@awkolaw.com

Case 3:19-md-02885-MCR-HTC Document 3653 Filed 01/30/23 Page 3 of 6
4

Shelley V. Hutson, Co-Lead Counsel

(Admitted Pro Hac Vice)

Texas State Bar No. 00788878

Clark, Love & Hutson, GP

440 Louisiana Street

Suite 1600

Houston, TX 77002

Tel.: (713) 757-1400

shutson@triallawfirm.com

Christopher A. Seeger, Co-Lead Counsel

(Admitted Pro Hac Vice)

New Jersey State Bar No. 042631990

Seeger Weiss LLP

77 Water Street

8th Floor

New York, NY 10005

Tel.: (212) 587-0700

cseeger@seegerweiss.com

Brian H. Barr, Co-Liaison Counsel

Levin, Papantonio, Thomas, Mitchell,

Rafferty, & Proctor, P.A.

316 South Baylen Street

Pensacola, FL 32502

Tel.: (850) 435-7044

bbarr@levinlaw.com

Michael A. Burns, Co-Liaison Counsel

Mostyn Law Firm

3810 W. Alabama Street

Houston, TX 77027

Tel.: (713) 714-0000

epefile@mostynlaw.com

Counsel for Plaintiffs

Case 3:19-md-02885-MCR-HTC Document 3653 Filed 01/30/23 Page 4 of 6
5

CERTIFICATE OF COMPLIANCE

WITH LOCAL RULE 7.1(B)

Pursuant to Local Rule 7.1(B), counsel for Plaintiffs certify that on July 15, 

2019, counsel for Plaintiffs contacted Defendants’ counsel and obtained consent to

the relief requested in Plaintiffs’ Motion for Leave to File Under Seal Certain

Documentsreferred to herein. See, Ex. A, email exchange between Bryan Aylstock 

and Mark Nomellini, dated July 15, 2019.

Case 3:19-md-02885-MCR-HTC Document 3653 Filed 01/30/23 Page 5 of 6
6

CERTIFICATE OF SERVICE

I, hereby certify that on January 30, 2023, I caused a copy of the foregoing

to be filed through the Court’s CM/ECF system, which will serve all counsel of

record.

s/ Bryan F. Aylstock 

Bryan F. Aylstock

Case 3:19-md-02885-MCR-HTC Document 3653 Filed 01/30/23 Page 6 of 6