Moore v. Addus Healthcare, Inc.

Background

Mary Moore filed an administrative motion asking the court to seal exhibits to the declaration supporting her motion for class certification, along with portions of her briefing that referred to those exhibits. The request sought to seal the entirety of Exhibits 3–7 and 9–11, which included the defendants’ employee handbooks, policies, and forms.

Legal standard

The court explained that records connected to a motion more than tangentially related to the underlying claims are generally subject to the “compelling reasons” standard. Under that standard, the party seeking secrecy must identify specific facts showing that the need for secrecy outweighs the public’s strong right of access to court records. The request must also be narrowly tailored to cover only material that is legally protected, privileged, or a trade secret. A mere confidentiality designation or general claim of harm is not enough.

Reasons for the decision

The court found that Moore’s main justification was that the defendants had designated the materials “Confidential.” The court held that this designation, which operated under the parties’ protective order, did not itself establish that the materials could be sealed. The court also found that Moore’s general references to internal company records and potentially proprietary information did not satisfy the requirement to narrowly tailor the request. After reviewing the exhibits, the court noted that much of the material described basic business practices.

The court further stated that the defendants, as the designating party, had not filed the declaration required by Civil Local Rule 79-5(e)(1) within four days of Moore’s motion.

Disposition

The court denied Moore’s administrative motion to file under seal. Judge Haywood S. Gilliam, Jr. directed Moore to file public versions of all documents for which the proposed sealing had been denied within seven days of the order.