Pipe Fitters Local Union No. 120 v. Qwest Mechanical Contractors

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

: PIPE FITTERS LOCAL 120, : CASE NO. 21-cv-00253 : Plaintiff, : OPINION & ORDER : [Resolving Doc. 35] v. : : QWEST MECHANICAL : CONTRACTORS, et al. : : Defendant. :

JAMES S. GWIN, UNITED STATES DISTRICT COURT JUDGE:

In this case, Plaintiff Pipe Fitters Local Union No. 120 (“Local 120”) alleges that Defendants breached a collective bargaining agreement by using non-bargaining unit members to perform bargaining unit work. Plaintiff Local 120 filed a motion for summary judgment.1 Plaintiff attached Defendants’ quarterly federal tax returns as exhibits to that motion.2 Now, Defendants’ move to strike or seal the tax return exhibits. Defendants argue that the tax returns are designated as confidential by statute. The Sixth Circuit applies a “strong presumption in favor of openness” to court records.3 However, the Sixth Circuit recognizes an exception to that presumption for “information required by statute to be maintained in confidence.”4 That exception applies to the tax return exhibits at issue here. Under 26 U.S.C. § 6103, tax returns are confidential.

1 Doc. 33. 2 Doc. 33-45; Doc. 33-46. 3 , 825 F.3d 299, 305 (6th Cir. 2016)(quoting , 710 F.2d 1165, 1179 (6th Cir. 1983)). Defend ants meet their burden to justify sealing the exhibits. For the reasons stated above, the Court GRANTS Defendants’ motion to seal the tax return exhibits.

IT IS SO ORDERED.

Dated: November 30, 2021 JAMES S. GWIN UNITED STATES DISTRICT JUDGE