NOSSONAL KLEINFELDT V NICOLE STERN

Court of Appeals, State of Michigan
ORDER
NOSSONAL KLEINFELDT V NICOLE STERN
Docket No. 379759
LC No. 2022-511266-DC
James Robert Redford
Presiding Judge
Michael J. Kelly
Michelle M. Rick
Judges
The motion “to seal court file in part” is GRANTED in part, as to appellee’s brief and most
of his proposed confidential exhibits, but DENIED in part, as to all court orders or opinions contained in
appellee’s proposed confidential appendix. This Court finds good cause to seal the briefs and exhibits in
question because they include extensive discussion of information deemed “confidential” under two
stipulated protective orders entered by the trial court. Under the circumstances, there are no less restrictive
means to adequately and effectively protect the interests involved. See MCR 7.211(C)(9)(e). Even
assuming that appellant’s counsel is correct that requiring appellee to bifurcate the disputed brief into two
versions would be a “less restrictive,” feasible approach, doing so would needlessly compound the
difficulty of appellate review, leading to an unnecessary waste of public resources. See MCR
8.119(I)(2)(b) (providing that “the interest of the public” must be considered as part of this inquiry). On
the other hand, given that appellee’s proposed confidential appendix includes court orders, his request to
seal that appendix in its entirety must be denied. See MCR 8.119(I)(6).
On the Court’s own motion pursuant to MCR 7.216(A)(7) and (A)(9), the proposed
confidential appendix filed by appellee on July 30, 2026, is STRICKEN. Appellee’s counsel is
DIRECTED to file a revised version of that appendix in this Court—a version containing no court orders
or opinions but otherwise containing the same exhibits as the previously filed version—within 7 days of
this order’s entry. If filed in conformity with this order, the revised appendix will be docketed in this
Court under seal; otherwise, it may be rejected by the Clerk of this Court or, if docketed, later stricken on
this Court’s own motion.
The Clerk shall disclose or provide copies of any order or opinion entered in this appeal,
MCR 8.119(I)(5), MCR 7.211(C)(9)(c), but sealed pleadings or other contents of the file shall not be
disclosed or made available for public viewing.

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The Clerk is directed to forward a copy of this order to the Clerk of the Supreme Court and
to the State Court Administrative Office. MCR 8.119(I)(7); MCR 7.211(C)(9)(c).
_______________________________
Presiding Judge

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