Navar v. Walsh Construction Company II, LLC

Background

Defendants filed a motion to strike the consents of opt-in plaintiffs Jill Bramwell, Samantha Little, and Carolyn Dorsett. In support of that motion, defendants filed declarations and exhibits. Defendants separately moved to redact and file under seal unredacted versions of Exhibit E to the Konkel Declaration and Exhibit G to the Sandahl Declaration.

Defendants described the exhibits as containing non-public and sensitive business information. Exhibit E was a copy of Jill Bramwell’s Separation Agreement and General Release. Exhibit G was a copy of the Letter Agreement between Skanska Building and Samantha Little. The appendix identified the individuals and counsel who could access the sealed versions. The opinion states that plaintiffs were given an opportunity to file a response to the motion to seal, but no response was filed.

Court’s Analysis

The court recognized a common-law right of public access to judicial documents but explained that the right is not absolute. Courts must balance that presumption of access against competing considerations and evaluate the facts and circumstances of the particular case. The court found that filing the exhibits in redacted form was necessary to prevent unauthorized dissemination of confidential business information.

Disposition

Judge Lorna G. Schofield granted defendants’ motion to seal. The unredacted versions of Exhibit E to the Konkel Declaration and Exhibit G to the Sandahl Declaration will remain sealed, with access limited to the parties and individuals identified in the appendix. The clerk was directed to close the motion at Docket No. 147. The opinion does not state a disposition of defendants’ separate motion to strike the opt-in plaintiffs’ consents.