Smoot Construction of Washington, D.C. v. The Smoot Corporation et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
SMOOT CONSTRUCTION OF
WASHINGTON, D.C.,
Plaintiff,
v.
THE SMOOT CORPORATION, et al.,
Defendants.
Civil Action 2:22-cv-1707
Judge Michael H. Watson
Magistrate Judge Chelsey M. Vascura
ORDER
This matter is before the Court on Plaintiff’s Motion for Leave to File Certain Exhibits
Under Seal (ECF No. 146). The exhibits in question are two Smoot Corporation Consolidated
Financial Reports, which Plaintiff does not believe are confidential. Defendants, however, object
to their public filing. (Id.)
As set forth in the Court’s Order of June 20, 2024, the parties are to use the following
procedure as to documents that another party has designated “Confidential” or “Attorney’s Eyes
Only”:
Any 	party 	seeking 	to 	file 	documents 	that 	another 	party 	has 	designated
“Confidential” or “Attorney’s Eyes Only” under the Confidentiality Order shall
notify the designating party, identifying the documents with specificity, WITHIN
THREE DAYS of the date of this Order. The designating party shall then have
SEVEN DAYS from the date of notification to file a properly supported motion for
leave to file the documents under seal. If the designating party does not file such a
motion within this timeframe, the party seeking to file the documents may file them
on the public docket without further leave of Court. Designating parties are
cautioned that any motion to file documents under seal must meet the standards set
forth by the Sixth Circuit and should be narrowly tailored, as the sealing of
documents must be no broader than necessary. See Shane Grp., Inc. v. Blue Cross
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Blue Shield of Michigan, 825 F.3d 299, 305 (6th Cir. 2016). The parties must
follow this prior notification procedure in the future when seeking to file on
the docket any documents that another party has designated as “Confidential”
or “Attorney’s Eyes Only” under the Confidentiality Order.
(June 20, 2024 Order, ECF No. 107.) Accordingly, it is Defendants’ responsibility to move for
sealing of the financial reports. Defendants’ deadline to do so is seven days from the date that
Plaintiff notified Defendants that Plaintiff intended to file the financial reports as exhibits to their
opposition brief.
Plaintiff’s Motion (ECF No. 146) is therefore DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
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