Hunter v. Town of Mocksville

961 F. Supp. 2d 803, 2013 WL 4048226, 2013 U.S. Dist. LEXIS 112451
CourtDistrict Court, M.D. North Carolina
DecidedAugust 9, 2013
DocketNo. 1:12-CV-333
StatusPublished
Cited by4 cases

This text of 961 F. Supp. 2d 803 (Hunter v. Town of Mocksville) is published on Counsel Stack Legal Research, covering District Court, M.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hunter v. Town of Mocksville, 961 F. Supp. 2d 803, 2013 WL 4048226, 2013 U.S. Dist. LEXIS 112451 (M.D.N.C. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

CATHERINE C. EAGLES, District Judge.

This matter is before the Court on Plaintiffs’ Motion to Seal Exhibits Filed in Support of Plaintiffs’ Response to Defendants’ Motion for Summary Judgment. (Doc. 50.) While it is the plaintiffs’ motion, it appears from the motion that it is in fact the defendants who request that the materials be sealed. (See Doc. 50 at 3.) The Court tentatively concludes that there is a First Amendment right of access to the materials the parties seek to seal and that a showing of a compelling interest heavily outweighing the public interest in access is required to justify sealing. The parties have not made a showing sufficient to seal these materials. The Court will deny the motion, but in the exercise of its discretion, the Court will direct that the materials filed under seal shall be maintained under seal for the time being to give any party an opportunity to file a renewed motion.

1. Standard

“[T]he courts of this country recognize a general right to inspect and copy ... judicial records and documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978). “The operations of the courts and the judicial conduct of judges are matters of utmost public concern,” Landmark Commc’ns, Inc. v. Virginia, 435 U.S. 829, 839, 98 S.Ct. 1535, 56 L.Ed.2d 1 (1978), and “the public’s business is best done in public,” Cochran v. Volvo Group N. Am. LLC, 931 F.Supp.2d 725, 727 (M.D.N.C.2013).

This right of public access derives from the First Amendment as well as the common law. Va. Dep’t of State Police v. Washington Post, 386 F.3d 567, 575 (4th Cir.2004). ‘While the common law presumption in favor of access attaches to all ‘judicial records and documents,’ the First Amendment guarantee of access has been extended only to particular judicial records and documents.” Stone v. Univ. of Md. Med. Sys. Corp., 855 F.2d 178, 180 (4th Cir.1988) (internal citation omitted). In any given case, then, some court-filed “documents fall within the common law [806]*806presumption of access, while others are subject to the greater right of access provided by the First Amendment. Still others may not qualify as ‘judicial records’ at all.” United States v. Moussaoui, 65 Fed.Appx. 881, 889 (4th Cir.2003) (citing United States v. Amadeo, 44 F.3d 141, 145-46 (2d Cir.1995)).

“Judicial records” are “documents filed with the court [that] play a role in the adjudicative process, or adjudicate substantive rights.” In re Application of United States for an Order Pursuant to 18 U.S.C. Section 2703(D), 707 F.3d 283, 290 (4th Cir.2013). Applying that definition, the Fourth Circuit recently held that motions for a court order to obtain records of stored electronic communications brought pursuant to 18 U.S.C. § 2703(d) are judicial records “because they were filed with the objective of obtaining judicial action or relief pertaining to § 2703(d) orders.” Id. at 291. Similarly, the public has a First Amendment right of access to materials submitted in conjunction with a summary judgment motion, which is a dispositive claim for relief. Washington Post, 386 F.3d at 578-79. Arguably, however, to the extent the Court does not rely on the information in reaching its decision, no right of access applies. See In re Application, 707 F.3d at 290-91 (holding that “judicial records,” to which a right of access may apply, are those documents used in the adjudicative process); In re Policy Mgmt. Sys. Corp., 67 F.3d 296 (table), 1995 WL 541623, at *3-4 (4th Cir. September 13, 1995) (holding that documents filed in connection with a motion to dismiss were not judicial records because they were not considered by the court in adjudication of the motion).

When a party makes a request to seal judicial records, a district court “must comply with certain substantive and procedural requirements.” Washington Post, 386 F.3d at 576. Procedurally, the district court must (1) give the public notice and a reasonable opportunity to challenge the request to seal; (2) “consider less drastic alternatives to sealing”; and (3) if it decides to seal, make specific findings and state the reasons for its decision to seal over the alternatives. Id. “As to the substance, the district court first must determine the source of the right of access with respect to each document, because only then can it accurately weigh the competing interests at stake.” Id. (internal quotation marks and alteration omitted).

2. Analysis

In the motion to seal, the parties request that the Court allow the plaintiffs to file under seal several exhibits attached to their brief opposing the defendants’ motion for summary judgment. These documents are characterized as containing personnel information that defendants’ counsel has determined to be confidential. Upon review, not all the documents appear to be typical personnel file information. Some appear to be written statements about various events at issue in the case, others are change-of-beneficiary forms, and yet others appear to be handwritten notes.

As an initial matter, the Court notes that the instant motion to seal has been publicly docketed since July 8, 2013. Any interested party therefore has had sufficient time to seek intervention to contest any sealing order, but the docket reflects no such action. Accordingly, the Court concludes that the “public notice” prerequisite to entry of a sealing order has been satisfied. See Stone, 855 F.2d at 181 (discussing use of docketing to comply with procedural requirements for sealing).

Next, the Court must determine whether the materials at issue are judicial [807]*807records. The Fourth Circuit has determined that materials relied upon in connection with summary judgment motions are judicial records. Rushford v. New Yorker Magazine, Inc., 846 F.2d 249, 253 (4th Cir.1988) (holding that “the more rigorous First Amendment standard should also apply to documents filed in connection with a summary judgment motion in a civil case”); see also Washington Post, 386 F.3d at 578-79. Thus, there is a First Amendment right of access to these materials.

Because there is a First Amendment right of access to the documents, the Court next must determine whether the parties have overcome the presumption of access. “Under the First Amendment ... the denial of access must be necessitated by a compelling government interest and narrowly tailored to serve that interest.” Rushford, 846 F.2d at 253 (relying on Press-Enterprise Co. v. Superior Court, 464 U.S. 501, 510, 104 S.Ct. 819, 78 L.Ed.2d 629 (1984)).

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Bluebook (online)
961 F. Supp. 2d 803, 2013 WL 4048226, 2013 U.S. Dist. LEXIS 112451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hunter-v-town-of-mocksville-ncmd-2013.