Applied Bolting Technology Products, LLC v. TurnaSure LLC

Background

TurnaSure, the defendant and counterclaim-plaintiff, asked for permission to file under seal its opposition to Applied Bolting Technology Products, LLC’s motion for a temporary restraining order and preliminary injunction. TurnaSure also filed a public redacted version. It explained that the opposition and attached exhibits referred to materials that Applied Bolting had produced under confidentiality designations pursuant to a protective order.

TurnaSure took no position on whether those materials were actually confidential or deserved the requested treatment.

Court’s analysis

The court stated that the parties’ agreement to keep a document confidential, by itself, is not enough to seal or redact a “judicial document.” Judicial documents are court-filed materials to which a presumption of public access may apply. The court therefore required any continued sealing or redaction to be justified under that presumption.

Ruling

The court temporarily granted TurnaSure’s application to file the opposition under seal. It directed that, if Applied Bolting believed the materials should remain sealed or redacted, Applied Bolting had to file a letter brief within three days and no more than three pages explaining why continued secrecy was consistent with public access to judicial documents. The clerk was directed to terminate ECF No. 44.