Goesel v. Boley International (H.K.) Ltd.

738 F.3d 831, 42 Media L. Rep. (BNA) 1033, 2013 WL 6800977, 2013 U.S. App. LEXIS 25764
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 26, 2013
DocketNos. 13-2434, 13-2818
StatusPublished
Cited by107 cases

This text of 738 F.3d 831 (Goesel v. Boley International (H.K.) Ltd.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Goesel v. Boley International (H.K.) Ltd., 738 F.3d 831, 42 Media L. Rep. (BNA) 1033, 2013 WL 6800977, 2013 U.S. App. LEXIS 25764 (7th Cir. 2013).

Opinion

POSNER, Circuit Judge.

As motions judge for the week during which motions to seal the settlement agreements in these two appeals were filed, I ordered the motions consolidated and now rule on them.

In Goesel the parties agreed to settle a personal injury suit, but because the suit was on behalf of a minor they were required by Local Rule 17.1 of the Northern District of Illinois to obtain the district judge’s approval of the settlement. See Elustra v. Mineo, 595 F.3d 699, 709-10 (7th Cir.2010); cf. Villalobos v. Cicero School District 99, 362 Ill.App.3d 704, 298 Ill.Dec. 944, 841 N.E.2d 87, 93 (2005). The judge reduced the portion of the settlement payable to the plaintiffs’ law firm, thus increasing the amount of money to be received by the plaintiffs, and approved the settlement as revised. The appeal is by the law firm and challenges the judge’s modification of the settlement. The parties asked the district judge to seal the settlement and he obliged. Before me is the law firm’s motion to maintain under [833]*833seal documents disclosing the amounts of the settlement and of the lawyers’ costs and fees. The firm emphasizes that the parties had agreed to keep the settlement amount secret.

In Massuda, a suit for breach of fiduciary duty, the district judge dismissed most of the plaintiffs claims on the ground that they were derivative from claims in a previous suit that the parties had settled. In so ruling the court relied on a redacted copy of the settlement agreement in the earlier suit, filed under seal, that inked out almost all the terms of the settlement other than the names of the parties and the nature of the suit. The defendants want the redacted settlement agreement kept under seal in this court as well.

“Documents that affect the disposition of federal litigation are presumptively open to public view.” In re Specht, 622 F.3d 697, 701 (7th Cir.2010); see Nixon v. Warner Communications, Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); Baxter International, Inc. v. Abbott Laboratories, 297 F.3d 544, 545 (7th Cir.2002); LEAP Systems, Inc. v. MoneyTrax, Inc., 638 F.3d 216, 220 (3d Cir.2011). The reason for this right of public access to the judicial record is to enable interested members of the public, including lawyers, journalists, and government officials, to know who’s using the courts, to understand judicial decisions, and to monitor the judiciary’s performance of its duties. Nixon v. Warner Communications, Inc., supra, 435 U.S. at 597-98, 98 S.Ct. 1306; Jessup v. Luther, 277 F.3d 926, 928 (7th Cir.2002); Union Oil Co. v. Leavell, 220 F.3d 562, 568 (7th Cir.2000); Citizens First Nat’l Bank v. Cincinnati Ins. Co., 178 F.3d 943, 945-46 (7th Cir.1999); In re Continental Illinois Securities Litigation, 732 F.2d 1302, 1308 (7th Cir.1984); Poliquin v. Garden Way, Inc., 989 F.2d 527, 533 (1st Cir.1993). As Holmes put it, “It is desirable that the trial of causes should take place under the public eye, not because the controversies of one citizen with another .are of public concern, but because it is of the highest moment that those who administer justice should always act under the sense of public responsibility, and that every citizen should be able to satisfy himself with his own eyes as to the mode in which a public duty is performed.” Cowley v. Pulsifer, 137 Mass. 392, 394 (1884).

The presumption can be rebutted. A litigant is allowed, for example, to conceal trade secrets, and, if there are compelling reasons of personal privacy, to litigate under a pseudonym. See, e.g., Doe v. City of Chicago, 360 F.3d 667, 669 (7th Cir.2004); Doe v. Blue Cross & Blue Shield United, 112 F.3d 869, 872 (7th Cir.1997); Sealed Plaintiff v. Sealed Defendant # 1, 537 F.3d 185, 188 (2d Cir.2008). And the presumption of public access “applies only to the materials that formed the basis of the parties’ dispute and the district court’s resolution”; other materials that may have crept into the record are not subject to the presumption. Baxter International, Inc. v. Abbott Laboratories, supra, 297 F.3d at 548.

But what about concealment of terms in settlement agreements? Settlements are ubiquitous in the legal system, but most settlement agreements never show up in a judicial record and so are not subject to the. right of public access. Either the agreement is made before a suit is filed (and so the suit is never filed), or, if after, the parties file a stipulation of dismissal and in that event they’re not required to make the agreement a part of the court record. Fed.R.Civ.P. 41(a)(l)(ii); Kokkonen v. Guardian Life Ins. Co., 511 U.S. 375, 381-82, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994); Jessup v. Luther, supra, 277 F.3d at 928. The parties in Goesel didn’t have that option, because the local rule cited above (the validity of which is not [834]*834challenged) required the court’s approval for the-settlement to be valid.

If though it is part of the judicial record the settlement is made without any court action (approval, disapproval, or approval with modifications as in Goesel) there will rarely be a good reason to require that its terms be made public, because making them public would not reveal anything about judicial activity. See LEAP Systems, Inc. v. MoneyTrax, Inc., supra, 638 F.3d at 220 (“settlement agreements reached without court assistance or intervention will not be treated as ‘judicial records’ for purposes of the ‘right of access’ doctrine”); Gambale v. Deutsche Bank AG, 377 F.3d 133, 143 (2d Cir.2004); Pansy v. Borough of Stroudsburg, 23 F.3d 772, 781 (3d Cir.1994).

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738 F.3d 831, 42 Media L. Rep. (BNA) 1033, 2013 WL 6800977, 2013 U.S. App. LEXIS 25764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goesel-v-boley-international-hk-ltd-ca7-2013.