Wimberly v. Experian Information Soultions

Background

On February 1, 2021, the Court denied Jason Wimberly, who was proceeding without a lawyer, permission to file a second amended complaint. Wimberly filed a notice of appeal two days later. He then informed the Court that he intended to apply to proceed without paying court fees for the appeal. He filed under seal a motion seeking permission to seal the affidavit supporting that application.

Legal standard

The Court explained that both the common law and the First Amendment create a strong presumption that the public may access judicial documents. A document submitted to influence the Court’s decision on a motion or application is generally a judicial document. Sealing is permitted only when specific findings show that closing the record is essential to protect an important interest and that sealing is narrowly limited to what is necessary.

The Court noted that general concerns about revealing a person’s financial status ordinarily do not overcome the presumption of public access to an application to proceed without paying court fees. Financial information may weigh against public access in some circumstances, but personal discomfort or a general concern about disclosure is not enough by itself.

Ruling

The Court found that Wimberly gave no specific reason for sealing the affidavit beyond stating that it contained detailed financial information. The Court held that this explanation did not overcome the presumption of public access. It therefore denied Wimberly’s motion to file the affidavit under seal.

The Court ordered Wimberly to file his application, including the supporting affidavit, on the public docket by March 31, 2021, so the Court could rule on the application. Judge Mary Kay Vyskocil signed the order.