Opinion
Case No. 2:13-cr-00230
11-05-2013
UNITED STATES OF AMERICA, Plaintiff, v. CHRISTOPHER E. PELLOSKI, Defendant.
JUDGE ALGENON L. MARBLEY
OPINION & ORDER
This matter is before the Court on Defendant Christopher Pelloski's Motion to withdraw his Motion to Seal. (Doc. 25). Defendant previously moved this Court for an order to seal this matter from the public, on October 22, 2013, on the grounds that it would protect his children from unwarranted publicity and harassment, and would help keep private certain sensitive and confidential information. (Doc. 21). The Court granted Defendant's Motion the same day, ordering that "all proceedings" in this matter are to be sealed from the public. (Doc. 22 at 1).
Defendant now seeks to withdraw that Motion. (Doc. 25). In addition, the United States has filed an Opposition to Defendant's original Motion, arguing that there are important societal interests in open judicial proceedings, which Defendant's concerns, while understandable, do not overcome. (Doc. 24 at 2). The United States asserts that any privacy concerns can be addressed by individually sealing certain documents or proceedings, without preventing public access to the entire case. (Id.).
The Court's Order to Seal, which also considered the arguments of counsel, contemplated only certain written pleadings. The Order was not intended to cover court proceedings. While the sealing of the docket and filings is appropriate, the entire case, and its component proceedings, should not be sealed. The Court is mindful of the "long-established legal tradition which values public access to court proceedings." Procter & Gamble Co. v. Bankers Trust Co., 78 F.3d 219, 227 (6th Cir. 1996) (internal quotation omitted). Indeed, for a case to be sealed in its entirety, the Court must be satisfied that the privacy concerns outweigh the "strong presumption in favor of public access to judicial proceedings." Elliott Co. v. Liberty Mut. Ins. Co., No. 08-3419, 2009 WL 750780, at *9 (6th Cir. Mar. 23, 2009). The right of public access to court proceedings, including in criminal cases, is well-established in Anglo-American law, and it furthers the important role that public proceedings play as an outlet for "community concern, hostility, and emotions," while also providing a critical check on the courts, and ensuring "true and accurate fact-finding." Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 565-69, 571, 592-96 (1980). The open courtroom is "a fundamental feature of the American judicial system." Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d 1165, 1177 (6th Cir. 1983). The Court will not lightly cast it aside.
All counsel met with the Court on October 16, 2013. At that time, issues relating to confidentiality, inter alia, were discussed.
Accordingly, Defendant's Motion to withdraw his Motion to Seal is hereby GRANTED.
IT IS SO ORDERED.
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ALGENON L. MARBLEY
UNITED STATES DISTRICT JUDGE