Wilson et al v. MRO Corporation et al, No. 2:2016cv05279 - Document 110 (S.D.W. Va. 2017)

Court Description: MEMORANDUM OPINION and ORDER SEALING EXHIBITS granting plaintiffs' 106 MOTION to Seal Portions of Exhibits 5 and 6 to Plaintiffs' 95 Motion to Compel Discovery Against Defendant Ciox Health, LLC; directing Exhibit 5, pages 14 through 41 and Exhibit 6, pages 10 through 27, be sealed. (ECF No. 95 -5 at 14-41, 95 -6 at 10-27); and designated as sealed on the Court's docket. Signed by Magistrate Judge Cheryl A. Eifert on 1/24/2017. (cc: counsel of record; any unrepresented party) (taq)

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Wilson et al v. MRO Corporation et al Doc. 110 U N ITED STATES D ISTRICT COU RT SOU TH ERN D ISTRICT OF W EST VIRGIN IA CH ARLESTON D IVISION TH OMAS M. W ILSON , SR., e t al., Plain tiffs , v. Cas e N o . 2 :16 -cv-0 52 79 MRO CORPORATION , a Pe n n s ylvan ia co rp o ratio n , e t al., D e fe n d an ts . MEMORAN D U M OPIN ION an d ORD ER SEALIN G EXH IBITS Pending before the Court is Plaintiffs’ Motion to Seal Portions of Exhibits 5 and 6 to Docum ent No. 95 Plaintiffs’ Motion to Com pel Discovery Against Defendant Ciox Health, LLC. (ECF No. 10 6). Due to the highly confidential nature of the inform ation, this Court GRAN TS the Motion and ORD ERS Exhibit 5, pages 14 through 41 and Exhibit 6, pages 10 through 27, be sealed. (ECF No. 95-5 at 14-41, 95-6 at 10 -27). 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 this case, Exhibit 5 at 14 through 41 and Exhibit 6 at 10 through 27 attached to Plaintiffs’ Motion to Com pel Discovery Against Defendant CIOX Health, LLC, shall be sealed and Dockets.Justia.com will be designated as sealed on the Court’s docket. The Court deem s this sufficient notice to interested m em bers of the public. The Court has considered less drastic alternatives to sealing the docum ents, but in view of the confidential nature of the inform ation, and the form at on which the inform ation is contained, no such alternatives are feasible at this tim e. Moreover, the public’s right to be inform ed is greatly outweighed by the interests to be protected in this circum stance. Accordingly, the Court finds that sealing the designated exhibits to Plaintiffs’ Motion to Com pel Discovery Against Defendant Ciox Health, LLC, does not unduly 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 to any unrepresented party. EN TERED : J anuary 24, 20 17

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