Laura Cyphert v. Scotts Miracle-Gro Company

831 F.3d 765, 2016 WL 4136955
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 4, 2016
Docket15-3943
StatusPublished
Cited by6 cases

This text of 831 F.3d 765 (Laura Cyphert v. Scotts Miracle-Gro Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Laura Cyphert v. Scotts Miracle-Gro Company, 831 F.3d 765, 2016 WL 4136955 (6th Cir. 2016).

Opinions

SUHRHEINRICH, J., delivered the opinion of the court in which MeKEAGUE, J., joined. DONALD, J. (pp. 782-83), delivered a separate dissenting opinion.

OPINION

SUHRHEINRICH, Circuit Judge.

This appeal raises the issue of whether a district court must disclose letters containing presentence objections prepared in a criminal case to a third party for use in a related civil litigation. We must decide what legal standard governs a request for disclosure of presentence objections and determine whether the Plaintiffs have satisfied that standard in this case.

Plaintiffs-Appellants are five putative class members in a California lawsuit seeking to represent consumers that purchased wild bird food treated with unapproved pesticides by Defendant-Appellee, the Scotts Miracle-Gro Company (“Scotts”). In gathering evidence to support their civil claims, Plaintiffs asked the district court to release two sets of objections, attached to the presentence report (“PSR”), from Scotts’s criminal case in the Southern District of Ohio. The district court denied Plaintiffs access to the objections, holding that neither the First Amendment nor the common law entitled Plaintiffs to the documents. Instead, the district court treated the objections the same as the PSR, which carries a' presumption of confidentiality that falls outside the First Amendment’s and the common law’s rights of public access. Plaintiffs appeal, contending that the district court incorrectly subjected the objections to the same standard of confidentiality as the PSR itself and that, in any event, they have demonstrated a special need for the objections sufficient to overcome confidentiality concerns. Because the district court applied the correct legal standard to Plaintiffs’ request for disclo[769]*769sure and because it did not abuse its discretion in ruling that Plaintiffs failed to show special need, we affirm.

I. BACKGROUND

In January of 2012, the government charged Scotts in the Southern District of Ohio with one misdemeanor count of pesticide misuse in violation of 7 U.S.C. § 136j(a)(2)(G) (“the criminal case”).1 In the information charging Scotts, the government alleged that Scotts sold approximately 73 million units of wild bird food treated with pesticides unapproved for application to bird food. Scotts pled guilty to the pesticide misuse violation and admitted the facts in the information under a Rule 11(c)(1)(C) plea agreement. The plea agreement included a sentencing stipulation under which Scotts would pay a penalty of $4 million and make a charitable donation of $500,000. The court accepted Scotts’s guilty plea but deferred acceptance of the plea agreement, along with its stipulated sentence, until the sentencing hearing.

Prior to sentencing, United States Probation Officer Schal Boucher prepared a PSR on Scotts and submitted it to the court on June 13, 2012. The government filed objections to the PSR with Officer Boucher in a June 14, 2012 letter. In its letter, the government objected to a statement in the PSR addressing whether any birds died as a result of Scotts’s tainted bird food. Scotts opposed the government’s objections in a letter sent to Officer Boucher on June 18, 2012, arguing that the PSR’s contents were accurate as stated. These two letters are the documents that Plaintiffs seek on appeal. We refer to these two documents as objections.

Officer Boucher drafted a letter summarizing the government’s and Scotts’s objections and submitted it to the court as a “Supplemental Addendum to the Presen-tence Report.” Boucher attached the government’s and Scotts’s letters to the addendum for the court’s review. The court then held an in camera conference to discuss and rule on the government’s objections to the PSR.

Shortly thereafter, the court held the sentencing hearing. The court began by acknowledging the stipulated sentence in Scotts’s plea agreement and describing its duty to independently confirm the appropriateness of the sentence reached by the parties. Thus, in assessing the nature and circumstances of the offense, the court commented on whether Scotts’s pesticide misuse caused actual harm to birds. Although the court noted the disagreement between the government and Scotts on this issue, the court determined that it did not need to resolve the dispute over actual harm “because Scotts admits the violation” and “the Scotts violation is not dependent upon any harm having been done.” The court did conclude, however, that “there was certainly a threat of harm.” The court accepted the plea agreement and imposed the stipulated sentence of $4.5 million in criminal penalties and charitable donations.

Plaintiffs filed a class action against Scotts in the Southern District of California (“the California action”), alleging violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”) and various state laws based on Scotts’s sale of bird food treated with unapproved pesticides. After filing the complaint, Plaintiffs sent a Freedom of Information Act (“FOIA”) request to Officer Boucher for Scotts’s PSR and other communications generated during the presentence investigation in Scotts’s criminal case. Officer [770]*770Boucher notified Plaintiffs that the Probation Office could not release any records without court permission and advised Plaintiffs to send a subpoena for the desired records directly to the court. Officer Boucher also notified then-Chief Judge Dlott of Plaintiffs’ records request. Chief Judge Dlott, in turn, referred the matter to the sentencing judge in Scotts’s criminal case, Judge Graham, based on the Southern District of Ohio’s local rules regarding records requests.

Plaintiffs later filed a motion to certify the class in the California action. The motion for class certification theorized that Scotts’s failure to disclose its treatment of the bird food with unapproved pesticides would cause a reasonable consumer, and did in fact cause the named plaintiffs, to purchase bird food they otherwise would not have purchased. Scotts opposed the certification motion with expert testimony that its bird food presented no significant risk of harm to birds and that many consumers would have purchased the bird food even had the pesticide use been disclosed. Plaintiffs’ motion for class certification remains pending.

Plaintiffs initiated the present case (“the Ohio action”) by sending a letter to Judge Graham, the sentencing judge in Scotts’s criminal case. The letter requested disclosure of Scotts’s “presentence investigation reports and communications that were generated during the course of criminal proceedings.” Plaintiffs renewed their request for the PSR and presentence communications in a second letter submitted to Judge Graham two months later.

Meanwhile, Scotts discovered that it had inadvertently produced unredacted copies of the objections from the criminal case in the course of discovery in the California action. Scotts alerted Plaintiffs of its mistaken disclosure, explaining that the inadvertently produced documents were protected from disclosure under the Southern District of Ohio’s local rules and applicable federal law. Scotts requested that Plaintiffs destroy the unredacted documents.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Leopold v. Manger
District of Columbia, 2026
United States v. Martavious Kincaide
119 F.4th 1074 (Sixth Circuit, 2024)
Wilson v. Braman
E.D. Michigan, 2024
Reed v. Kiran Transport, LLC
E.D. Tennessee, 2023
Bristow v. Forlini
E.D. Michigan, 2023
United States v. [1] Reginald Johnson
299 F. Supp. 3d 909 (M.D. Tennessee, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
831 F.3d 765, 2016 WL 4136955, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laura-cyphert-v-scotts-miracle-gro-company-ca6-2016.