UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

AUTOMOTIVE BODY PARTS 

ASSOCIATION,

Plaintiff,

v.

FORD GLOBAL TECHNOLOGIES, 

LLC

Defendant.

Case No. 2:15-cv-10137-LJM-SDD

DEFENDANT’S SUPPLEMENTAL MOTION 

TO SEAL HEARING TRANSCRIPT (DN 79)

Case 2:15-cv-10137-LJM-RSW ECF No. 81 filed 10/19/18 PageID.3249 Page 1 of 5
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Defendant Ford Global Technologies, LLC (“FGTL”) hereby moves for an 

Order sealing the transcript of the parties’ hearing on Monday, December 11, 2017

(DN79).

1

 FGTL seeks to redact page 29, line 20.

2

During the argument, counsel for ABPA referenced confidential documents 

relating to the business of FGTL and a third party that are marked “Attorneys’ 

Eyes Only” under the governing Protective Order (DN31) entered in this case. As 

counsel for the ABPA recognized at the time, the information was designated 

“Attorney’s Eyes Only.” See DN79, Motion to Dismiss Case as Moot Transcript at 

28:25. The documents referenced and discussed in the hearing are confidential 

business documents and FGTL would suffer prejudice if the terms of its 

confidential agreements were publicly disclosed in the court record. 

The courts have long recognized a “strong presumption in favor of openness 

as to court records,” and “[t]he burden of overcoming that presumption is borne by 

the party that seeks to seal them.” Shane Group, Inc. v. Blue Cross Blue Shield of 

Michigan, 825 F.3d 299, 305, (6th Cir. 2016). To overcome this burden, “the 

proponent . . . must analyze in detail, document by document, the propriety of 

secrecy, providing reasons and legal citations.” Id. at 305-06. 

 

1 This motion is made in response to a request from the Court following the 

filing of FGTL’s motion to redact hearing transcript. DN80. The Court requested 

FGTL file a supplemental motion to seal that adheres to local Rule 5.3.

2 FGTL has narrowed its redactions from 28:22 to 29:21, inclusive, and 35:1 

to 36:3, inclusive, as stated in its initial motion (DN80) to simplify the issues.

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Good cause exists for sealing the portion of the transcript of the parties’ 

December 11, 2017 hearing transcript because the passage contains discussion of 

confidential information governed by the Protective Order detailing the terms of a 

confidential agreement between FGTL and an unrelated third-party. FGTL was 

unable to ensure the confidential information would be protected prospectively. 

Seeking an Order sealing this portion of the transcript is therefore, FGTL’s only 

mechanism for preserving the confidentiality of the information discussed at the 

hearing. 

The sealing of confidential information that could harm a party's business 

interest is proper. NetJets Ass'n of Shared Aircraft Pilots v. NetJets, Inc., 2016 

U.S. Dist. LEXIS 130837 (S.D. Ohio Sept. 23, 2016). The information FGTL 

seeks to seal the portion of the transcript that refers to the substantive rights of the 

parties under the agreement. FGTL would be prejudiced if the terms to which 

FGTL and the third party agreed in the confidential arrangement after negotiation 

were to be made public. Kentucky v. Marathon Petro. Co. LP, 2018 U.S. Dist. 

LEXIS 106176, at *19 (W.D. Ky. June 26, 2018) (granting motion to seal where 

business “could suffer competitive harm if its contractual terms were revealed to 

the public.”) FGTL “could suffer . . . injury if its contracts were revealed to the 

public” especially since the portion FGTL seeks to redact discloses “the terms . . . 

that the third part[y] with whom [FGTL] negotiated the deals.” Id at 17-18.

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The redactions which FGTL seeks are also narrowly tailored. Netjets Ass'n

of Shared Aircraft Pilots v. NetJets, Inc., 2016 U.S. Dist. LEXIS 130837, at *4. 

(denying motion for reconsideration granting motion to seal where case involved 

“a small amount of information from one document”); accord Marathon Petro. Co.

LP, 2018 U.S. Dist. LEXIS 106176, at *19 (granting motion to seal where “the 

parties have limited the scope”). Moreover, in light of the current state of the case, 

the information FGTL seeks to redact is “not [relevant] to the facts underlying this 

litigation.” Netjets, 2016 U.S. Dist. LEXIS 130837, at *4.

For the foregoing reasons, FGTL respectfully requests an Order sealing the 

transcript of the December 11, 2017 hearing and directing the court reporter to 

redact the noted passages from all publicly available versions of the transcript.

Dated: October 19, 2018 BROOKS KUSHMAN P.C.

 /s/ Marc Lorelli

Frank A. Angileri (P45611)

Marc Lorelli (P63156)

1000 Town Center, 22nd Floor

Southfield, MI 48075

Tel: (248) 358-4400/Fax: (248) 358-3351

Email: fangileri@brookskushman.com

mlorelli@brookskushman.com

Attorneys for Defendant

Case 2:15-cv-10137-LJM-RSW ECF No. 81 filed 10/19/18 PageID.3252 Page 4 of 5
CERTIFICATE OF SERVICE

I hereby certify that on October 19, 2018, I electronically filed the foregoing 

DEFENDANT’S SUPPLEMENTAL MOTION TO SEAL HEARING 

TRANSCRIPT (DN 79) with the Clerk of the Court for the Eastern District of 

Michigan using the ECF System which will send notification to the registered 

participants of the ECF System as listed on the Court's Notice of Electronic Filing.

I also certify that I have emailed by the paper to the following nonparticipants in the ECF System: Jodi Matthews at 

Jodi_Matthews@mied.uscourts.gov and matthews@transcriptorders.com.

The [Proposed] Order has been submitted directly to the Judge for approval 

on the date stated above via the Court’s ECF System and is also being sent via 

electronic mail to the parties listed above.

BROOKS KUSHMAN P.C.

 /s/ Marc Lorelli

Frank A. Angileri (P45611)

Marc Lorelli (P63156)

1000 Town Center, 22nd Floor

Southfield, MI 48075

Tel: (248) 358-4400/Fax: (248) 358-3351

Email: fangileri@brookskushman.com

mlorelli@brookskushman.com

Attorneys for Defendant

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