Schierholt v. Nationwide Mutual Insurance Co.

S.D. Ohio

Schierholt v. Nationwide Mutual Insurance Co.

DecidedMarch 10, 2023

Docket2:22-cv-03061

StatusUnknown

This text of Schierholt v. Nationwide Mutual Insurance Co. (Schierholt v. Nationwide Mutual Insurance Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Schierholt v. Nationwide Mutual Insurance Co., (S.D. Ohio 2023).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Deborah J Schierholt, Plaintiff, Case No. 2:22-cv-3061 Vv. Judge Michael H. Watson Nationwide Mutual Insurance Co., Magistrate Judge Jolson Defendant. OPINION AND ORDER Defendant moves for judgment on the pleadings. ECF No. 7. In support of its motion, Defendant has filed a contract. ECF No. 7-1. Significant portions of that contract are redacted. Id. There is a “strong presumption in favor of openness as to court records.” Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir. 2016) (internal quotation marks and citation omitted). As the United States Court of Appeals for the Sixth Circuit has explained, [t]he burden of overcoming that presumption [of openness] is borne by the party that seeks to seal [the records]. In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001). The burden is a heavy one: “Only the most compelling reasons can justify non-disclosure of judicial records.” In re Knoxville News-Sentinel Co., 723 F.2d 470, 476 (6th Cir. 1983) ... And even where a party can show a compelling reason why certain documents or portions thereof should be sealed, the seal itself must be narrowly tailored to serve that reason. See, e.g., Press- Enter. Co. v. Superior Court of California, Riverside Cnty., 464 U.S. 501, 509-10, 104 S. Ct. 819, 78 L.Ed. 2d 629 (1984).

Id. This reasoning also applies to redactions. See Abraham, Inc. v. United States, No. 2:18-CV-1306, 2020 WL 8816135, at *1 (S.D. Ohio Dec. 1, 2020) (internal citations omitted). Accordingly, the Defendant is ORDERED to file an unredacted version of ECF No. 7-1 within fourteen days. The parties are DIRECTED to review their filings for any other redactions and, if they find any, to file unredacted versions of such documents within fourteen days. In the alternative, any party wishing to file a document under seal may move for leave to do so, with a properly supported motion, within fourteen days. In the event the Court grants a motion to seal, the filing party must file a publicly available redacted copy of the sealed document along with an unredacted version under seal. IT IS SO ORDERED. / Wbtom MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

Case No. 2:22-cv-3061 Page 2 of 2

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Deborah J Schierholt, Plaintiff, Case No. 2:22-cv-3061 Vv. Judge Michael H. Watson Nationwide Mutual Insurance Co., Magistrate Judge Jolson Defendant. OPINION AND ORDER Defendant moves for judgment on the pleadings. ECF No. 7. In support of its motion, Defendant has filed a contract. ECF No. 7-1. Significant portions of that contract are redacted. Id. There is a “strong presumption in favor of openness as to court records.” Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825 F.3d 299, 305 (6th Cir. 2016) (internal quotation marks and citation omitted). As the United States Court of Appeals for the Sixth Circuit has explained, [t]he burden of overcoming that presumption [of openness] is borne by the party that seeks to seal [the records]. In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001). The burden is a heavy one: “Only the most compelling reasons can justify non-disclosure of judicial records.” In re Knoxville News-Sentinel Co., 723 F.2d 470, 476 (6th Cir. 1983) ... And even where a party can show a compelling reason why certain documents or portions thereof should be sealed, the seal itself must be narrowly tailored to serve that reason. See, e.g., Press- Enter. Co. v. Superior Court of California, Riverside Cnty., 464 U.S. 501, 509-10, 104 S. Ct. 819, 78 L.Ed. 2d 629 (1984).

Id. This reasoning also applies to redactions. See Abraham, Inc. v. United States, No. 2:18-CV-1306, 2020 WL 8816135, at *1 (S.D. Ohio Dec. 1, 2020) (internal citations omitted). Accordingly, the Defendant is ORDERED to file an unredacted version of ECF No. 7-1 within fourteen days. The parties are DIRECTED to review their filings for any other redactions and, if they find any, to file unredacted versions of such documents within fourteen days. In the alternative, any party wishing to file a document under seal may move for leave to do so, with a properly supported motion, within fourteen days. In the event the Court grants a motion to seal, the filing party must file a publicly available redacted copy of the sealed document along with an unredacted version under seal. IT IS SO ORDERED. / Wbtom MICHAEL H. WATSON, JUDGE UNITED STATES DISTRICT COURT

Case No. 2:22-cv-3061 Page 2 of 2

In Re: Cendant Corp., (Formerly Known as Cuc International, Inc.) Cendant Capital I Lester A. Goldstein, on Behalf of Himself and All Others Similarly Situated Welch & Forbes Inc., an Institutional Investment Manager, Individually and on Behalf of All Others Similarly Situated v. Walter A. Forbes Cosmo Corigliano Anne M. Pember Merrill Lynch & Co. Chase Securities Inc. Henry R. Silverman v. Ernst & Young Cendant Membership Services, Inc. Casper Sabatino Steven P. Speaks Kevin T. Kearney Mary Sattler Howard Sirota

260 F.3d 183 (Third Circuit, 2001)

Shane Group, Inc. v. Blue Cross Blue Shield of Mich.

825 F.3d 299 (Sixth Circuit, 2016)

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