Newborn Audiology Screenings, P.C. v. Kettering Adventist Healthcare

District Court, S.D. Ohio

Newborn Audiology Screenings, P.C. v. Kettering Adventist Healthcare

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

NEWBORN AUDIOLOGY SCREENINGS, P.C.,

Plaintiff, Case No. 3:19-cv-100

vs.

KETTERING ADVENTIST HEALTHCARE, District Judge Michael J. Newman d/b/a KETTERING HEALTH NETWORK

Defendant. ______________________________________________________________________________

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE ITS MOTION IN LIMINE UNDER SEAL (DOC. NO. 76) ______________________________________________________________________________

This civil case is before the Court on Plaintiff’s motion for leave to file under seal references to a settlement agreement made in its Motion in Limine to Exclude References to Settlement Communications with Non-Party Health Insurance Company. Doc. Nos. 75, 76. Upon review of Plaintiff’s memorandum in support and the materials proposed to be filed under seal,1 the Court is satisfied that Plaintiff has carried its burden under Shane Group, Inc. v. Blue Cross Blue Shield of Michigan,

825 F.3d 299

, 305–06 (6th Cir. 2016). “There is a long-standing tradition that settlement discussions should remain confidential. Indeed, the Sixth Circuit ‘has always recognized the need for, and the constitutionality of, secrecy in settlement agreements.’” Jackson v. Gen. Elec. Aviation, 1:19-cv-629,

2020 WL 5290535

, at *2 (S.D. Ohio Sept. 4, 2020) (quoting Goodyear Tire & Rubber Co. v. Chiles Power Supply, Inc.,

332 F.3d 976, 980

(6th Cir. 2003)). Plaintiff has demonstrated its proposed seal is narrowly tailored and that the public’s interest in

1 The Court previously permitted Plaintiff to file under seal references to the settlement agreement made in Plaintiff’s summary judgment briefing. Doc. Nos. 49, 56, 65. the sealed information is low. See Shane Grp., 825 F.3d at 305–06. The Court, therefore, GRANTS Plaintiff’s motion for leave to file certain documents under deal. Doc. No. 76. IT IS SO ORDERED.

Date: May 20, 2021 s/Michael J. Newman Hon. Michael J. Newman United States District Judge

Reference

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