IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION - CINCINNATI 

WENDY BERRY, et al., 

Plaintiffs, 

V. 

FIRSTGROUP AMERICA, INC., 

et al., 

Defendants. 

Case No. 1:18-cv-326 

Judge Matthew W. McFarland 

ORDER GRANTING PLAINTIFFS' MOTION FILE UNDER TO SEAL (Doc. 136) 

The matter is before the Court on the Plaintiffs' Motion to File Under Seal (Doc. 

136). Plaintiffs seek leave to file an unredacted versions of Plaintiffs' Memorandum in 

Opposition to the First Group America Defendants' Motion for Summary Judgment, 

Plaintiffs' Response to the FGA Defendants' Statement of Proposed Undisputed Facts, 

the transcript of the Deposition of Matt Clink, and the exhibits to the Declaration of Brock 

J. Specht. For the following reasons, the Court GRANTS Plaintiffs' Motion (Doc. 136). 

Federal courts have long recognized a strong presumption in favor of openness 

which can only be overcome by "the most compelling reasons." Shane Group., Inc. v. Blue 

Cross Blue Shield of Michigan, 825 F.3d 299,305 (6th Cir. 2016) (citing In re Knoxville NewsSentinel Co., 723 F.2d 470,476 (6th Cir. 1983)). Accordingly, "[t]he burden of overcoming 

that presumption is borne by the party that seeks to seal them." Brown & Williamson 

Tobacco Corp. v. F. T.C., 710 F.2d 1165, 1180 (6th Cir. 1983). "To meet this burden, the party 

Case: 1:18-cv-00326-MWM Doc #: 138 Filed: 11/28/22 Page: 1 of 3 PAGEID #: 9955
must show three things: (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 v. Kia Motors Am., Inc., 767 F. App 1x 635, 637 (6th 

Cir. 2019). To do so, the party must "analyze in detail, document by document, the 

propriety of secrecy, providing reasons and legal citations." Id. (citing Shane Group., 825 

F.3d at 305). And typically, in civil litigation, only trade secrets, information covered by 

a recognized privilege, and information required by statute to be maintained in 

confidence is typically enough to overcome this presumption. Shane Group., 825 F.3d at 

305. 

Considering that the filings, documents and deposition transcripts in question that 

Plaintiffs seek to seal contain or reference confidential or highly confidential information 

identified by all parties in this case, Plaintiffs have demonstrated that (1) compelling 

interests exist to seal the documents and deposition transcripts, (2) such interests 

outweigh the public's interest in accessing the documents or deposition transcripts, and 

(3) Plaintiffs' requests are narrowly tailored. Therefore, Plaintiffs' Motion to File Under 

Seal (Doc. 136) is GRANTED. Plaintiffs MAY FILE unredacted versions of the following 

UNDER SEAL: 

(1) Plaintiffs' Memorandum in Opposition to the First Group America Defendants' 

Motion for Summary Judgment (Doc. 134); 

(2) Plaintiffs' Response to the FGA Defendants' Statement of Proposed Undisputed 

Facts (Doc. 134-1); 

(3) the transcript of the Deposition of Matt Clink (Doc. 132); and 

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Case: 1:18-cv-00326-MWM Doc #: 138 Filed: 11/28/22 Page: 2 of 3 PAGEID #: 9956
(4) the exhibits to the Declaration of Brock J. Specht (Doc. 135). 

IT IS SO ORDERED. 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHi 

By: ~ 1Jl '"ti~ 

JUDGE MATTHEW W. McFARLAND 

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