Summary
noting that an agreement settling an FLSA claim that is submitted for court approval is indisputably a judicial document subject to the presumption of public access
Summary of this case from White v. Wilberforce Univ.Opinion
NO. 3:15-cv-01111
09-09-2016
Aurora LEE, et al., Plaintiffs, v. ASURIAN INSURANCE SERVICES, INC., et al., Defendants.
Gregory F. Coleman, Mark E. Silvey, Greg Coleman Law PC, Knoxville, TN, Jacob R. Rusch, Johnson Becker, PLLC, Saint Paul, MN, Jason J. Thompson, Jesse L. Young, Sommers Schwartz PC, Southfield, MI, G. Tony Atwal, Johnson Becker, PLLC, Minneapolis, MN, for Plaintiffs. Amy Mariko Palesch, Leslie A. Dent, Littler Mendelson, P.C., Atlanta, GA, Roger D. Scruggs, Littler Mendelson, P.C., Nashville, TN, for Defendants.
Gregory F. Coleman, Mark E. Silvey, Greg Coleman Law PC, Knoxville, TN, Jacob R. Rusch, Johnson Becker, PLLC, Saint Paul, MN, Jason J. Thompson, Jesse L. Young, Sommers Schwartz PC, Southfield, MI, G. Tony Atwal, Johnson Becker, PLLC, Minneapolis, MN, for Plaintiffs.
Amy Mariko Palesch, Leslie A. Dent, Littler Mendelson, P.C., Atlanta, GA, Roger D. Scruggs, Littler Mendelson, P.C., Nashville, TN, for Defendants.
MEMORANDUM AND ORDER
WAVERLY D. CRENSHAW, JR., UNITED STATES DISTRICT JUDGE
Before the Court are the parties' joint motion for approval of their settlement (Doc. No. 75) and joint motion for leave to file the settlement agreement under seal (Doc. No. 77.) Previously, the Court ordered that the parties brief the issue of sealing their settlement agreement in this Fair Labor Standards Act ("FLSA") case. (Doc. No. 81.) The parties responded in a joint memorandum, stating that refusing to seal the case would undermine their ability to settle related cases in Arizona. (Doc. No. 82.) Because this reason does not reach the standard for sealing documents in the Sixth Circuit, the motion for leave to file the settlement agreement under seal (Doc. No. 77) is DENIED .
"An agreement settling an FLSA claim that is submitted for court approval is indisputably ... a ‘judicial document’ subject to the presumption of access." Nutting v. Unilever Mfg. (U.S.) Inc. , No. 2:14–cv–02239–JPM–tmp, 2014 WL 2959481, at *3 (W.D. Tenn. June 13, 2014) (quoting Wolinsky v. Scholastic Inc. , 900 F.Supp.2d 332, 337 (S.D.N.Y. 2012) ). To overcome the presumption of public access in a judicial document, the "proponent of sealing must provide compelling reasons to seal the documents and demonstrate that the sealing is narrowly tailored to those reasons, specifically, by ‘analyz[ing] in detail, document by document, the propriety of secrecy, providing reasons and legal citations.’ " Beauchamp v. Federal Home Loan Mortgage Co. , No. 15–6067, 658 Fed.Appx. 202, 207, 2016 WL 3671629, at *4 (6th Cir. Jul. 11, 2016) (quoting Shane Grp., Inc. v. Blue Cross Blue Shield of Michigan , 825 F.3d 299, 304 (6th Cir. 2016) ). Generally, "only trade secrets, information covered by a recognized privilege (such as the attorney-client privilege), and information required by statute to be maintained in confidence (such as the name of a minor victim of a sexual assault), is typically enough to overcome the presumption of [public] access." Rudd Equipment Co., Inc. v. John Deere Construction & Forestry Co. , 834 F.3d 589, 594–95, 2016 WL 4410575, at *4 (6th Cir. 2016) (quoting Baxter Int ern. , Inc. v. Abbott Labs. , 297 F.3d 544, 546 (7th Cir. 2002) ).
Here, the parties do not provide any compelling reasons to seal their settlement agreements. While this may affect the settlement of other cases, "the fear of copycat lawsuits or embarrassing inquiries [do not] suffice to defeat the presumption [of public access]." Nutting , 2014 WL 2959481, at *4 (quoting Wolinsky , 900 F.Supp.2d at 338–39.) Therefore, the motion for leave to file the settlement agreement under seal is DENIED.
The Court will reserve ruling on the joint motion for approval of settlement agreement until September 16, 2016. On that date, the Court will unseal the settlement agreement currently filed under seal absent further filings by the parties.
IT IS SO ORDERED.