UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: TENNESSEE RAND, INC., : CASE NO. 1:20-cv-02433 : Plaintiff, : ORDER : [Resolving Doc. 73] v. : : GESTAMP WASHTENAW, LLC, : et al., : : Defendant. :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

Defendant Gestamp seeks to seal an exhibit to an expert report.1 For the foregoing reasons, the Court GRANTS the motion The exhibit Defendant moves to seal contain Plaintiff Tennessee Rand’s PLC code. Tennessee Rand claims this code as a trade secret, an issue that is not yet settled at this point in the litigation.2 This Court previously granted Plaintiff Tennessee Rand’s motion to seal two expert reports containing its copyrighted code.3 The Sixth Circuit allows trade secrets to be sealed where the proponent makes a “document by document” showing and where the seal is narrowly tailored.4 Plaintiff satisfied this burden.5 Now, Defendant Gestamp seeks to file an exhibit to an expert report containing the same PLC code. Defendant Gestamp seeks to seal the exhibits because of Plaintiff’s trade

1 Doc. 73. 2 Doc. 67. 3 Doc. 70. 4 ,

(6th Cir. 2016). secret c laim. Defendant Gestamp does not concede that the information is a trade secret.6 Granting this motion to seal provides consistency across rulings. While the issue of whether the information is a trade secret remains in dispute, Plaintiff previously met its

burden to seal the code at this stage in the litigation. For these reasons, the Court GRANTS the motion to file the exhibit under seal.

IT IS SO ORDERED.

Dated: October 7, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE