Carey, et al v. Whitehall Surgery Center, Ltd., et al, No. 2:2023cv03774 - Document 21 (S.D. Ohio 2023)

Court Description: OPINION AND ORDER finding as moot 18 Motion to Withdraw; granting 18 Motion to Seal. Signed by Judge Michael H. Watson on 11/17/23. (ds) Modified document type on 11/17/2023 (jlk).

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Carey, et al v. Whitehall Surgery Center, Ltd., et al Doc. 21 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Dr. Jeffrey Carey, e( a/., Plaintiffs, Case No. 2:23-cv-3774 V. Judge Michael H. Watson Whitehall Surgery Center, Ltd. Magistrate Judge Deavers d/b/a Pickerington Surgery Center, etal., Defendants. ORDER Defendants move to withdraw ECF No. 1 because some of the exhibits attached to it-ECF Nos. 1-2, 1-3, and 1-4 (the "Documents")-contain trade secret information that Defendants do not want on the public docket. ECF No. 18. "Withdrawing" a document does not remove it from public view. Accordingly, Defendants' motion to withdraw is DENIEDAS MOOT. Defendants alternatively ask that the Documents remain sealed. The Court recently outlined the standard for sealing documents, ECF No. 17, and incorporates that standard by reference here. Upon review of the Documents, the Court finds they contain secret business information that, if exposed, could give competitors an "inside view" into Whitehall Surgery Center, Ltd. 's business. In addition, at least one of the Documents contain personal banking information that could be exploited if it falls into the wrong hands. Finally, by sealing only a few exhibits that contain sensitive information, the sealing is narrowly tailored. Dockets.Justia.com Accordingly, Defendants' motion to keep the Documents sealed is GRANTED. The Clerk shall terminate ECF No. 18 and ensure that ECF Nos. 1 2, 1-3, and 1-4 remain sealed indefinitely. IT IS SO ORDERED. I' HAEL H. W SON, JUDGE UNITED STATES DISTRICT COURT Case No. 2:23-cv-3774 Page 2 of 2

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