Johnson et al v. Ford Motor Company, No. 3:2013cv06529 - Document 913 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION AND ORDER granting Plaintiffs' 910 MOTION to Seal Plaintiffs' Motion to Compel Ford to Produce Documents Identified at the Deposition of Said Deep and Paul Szuszman, along with the attached exhibits; directing the Clerk to seal the motion and its supporting exhibits until further order of the court. Signed by Magistrate Judge Cheryl A. Eifert on 3/3/2017. (cc: counsel of record; any unrepresented parties) (jsa)

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Johnson et al v. Ford Motor Company Doc. 913 IN TH E U N ITED STATES D ISTRICT COU RT FOR TH E SOU TH ERN D ISTRICT OF W EST VIRGIN IA H U N TIN GTON D IVISION CH ARLES JOH N SON , e t al., Plain tiffs , v. Cas e N o .: 3 :13 -cv-0 6 52 9 FORD MOTOR COMPAN Y, D e fe n d an t. MEMORAN D U M OPIN ION an d ORD ER Pending before the court is Plaintiffs’ Motion to Seal, (ECF No. 910 ), requesting that Plaintiffs’ Motion to Com pel Ford to Produce Docum ents Identified at the Deposition of Said Deep and Paul Szuszm an, along with the attached exhibits, be sealed. (ECF No. 910 -1). Having reviewed the m otion, and for good cause shown, the court GRAN TS the Motion to Seal, at least tem porarily. The undersigned is cognizant of the well-established Fourth Circuit precedent recognizing a presum ption in favor of public access to judicial records. Ashcraft v. Conoco, Inc., 218 F.3d 288 (4th Cir. 20 0 0 ). As stated in Ashcraft, before sealing a docum ent, the court m ust follow a three step process: (1) provide public notice of the request to seal; (2) consider less drastic alternatives to sealing the docum ent; and (3) provide specific reasons and factual findings supporting its decision to seal the docum ents and for rejecting alternatives. Id. at 30 2. In their m otion to seal, Plaintiffs contend that the m otion to com pel and attached exhibits contain m aterials previously designated as confidential under a Protective Order entered in this litigation. (ECF No. 316). Accordingly, the Clerk is ORD ERED to seal Dockets.Justia.com Plaintiffs’ Motion to Com pel Ford to Produce Docum ents Identified at the Deposition of Said Deep and Paul Szuszm an and its supporting exhibits until further order of the court. The sealed docum ents shall be designated as sealed on the docket, which the court deem s to be sufficient notice to interested m em bers of the public. The court has considered less drastic alternatives to sealing the Motion to Com pel and its supporting exhibits in its entirety; however, Plaintiffs claim that the inform ation designated as confidential is scattered throughout the m otion and in the attached exhibits. Accordingly, at this tim e, the m otion to com pel and attached docum ents shall be sealed in their entirety. Given that this is a discovery m otion, the court finds that sealing Plaintiffs’ Motion to Com pel and its attachm ents does not im properly or significantly prejudice the public’s right to access court docum ents. The Clerk is instructed to provide a copy of this Order to all counsel of record and any unrepresented parties. EN TERED : March 3, 20 17

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