United States v. Scotts Miracle-Gro Co.

119 F. Supp. 3d 793, 2015 U.S. Dist. LEXIS 99007
CourtDistrict Court, S.D. Ohio
DecidedJuly 29, 2015
DocketCase Nos. 2:14-mc-39; Case No. 2:12-cr-24
StatusPublished

This text of 119 F. Supp. 3d 793 (United States v. Scotts Miracle-Gro 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.

Bluebook
United States v. Scotts Miracle-Gro Co., 119 F. Supp. 3d 793, 2015 U.S. Dist. LEXIS 99007 (S.D. Ohio 2015).

Opinion

OPINION AND ORDER

JAMES L. GRAHAM, United States District Judge

This matter is before the court on the application of the putative class plaintiffs in the case of In re Morning Song Bird Food Litigation, Case No. 3:12-cv-1592-JAH-RBB, now pending in the United States District Court for the Southern District of California, for an order authorizing disclosure by this court’s probation office of the presentence report (“PSR”) and related documents prepared during the criminal prosecution of The Scotts Miracle-Gro Company (“Scotts”) in this court. See United States v. The Scotts Miracle-Gro Company, Case No. 2:12-cr-24 (S.D.Ohio). Plaintiffs also seek to obtain a transcript of a presentencing in camera conference held in that case on July 13, 2012. Scotts has filed a motion in the criminal case to seal the transcript and the government has filed a sealed motion advocating that the PSR not be disclosed.

I. Background

A. Scotts Criminal Action

In 2012, this court presided over the criminal prosecution against Scotts in which Scotts was charged by information with eleven misdemeanor counts involving pesticide misuse, falsification of pesticide registration documents, distribution of a misbranded pesticide and distribution of unregistered pesticides. ' In particular, Count 1 charged pesticide misuse in violation of 7 U.S.C. § 1863(a)(1)(G), and alleged that Scotts improperly used pesticides to treat grains which were marketed as bird food. The remaining counts pertained to the falsification of forms by '& single Scotts employee and the resultant mislabeling of other Scotts’ products unrelated to bird seed. Scotts pleaded guilty to the information pursuant to a plea agreement which included a binding sentencing agreement under Fed.R.Crim.P. 11(c)(1)(C). On September 10, 2012, Scotts was sentenced to pay a fine in the amount of $4,000,000, special assessments totaling $1,375, and a community service payment in the total amount of $500,000. No term of probation was imposed.

B. Class Plaintiffs’ Request for Disclosure

On January 31, 2013, an amended consolidated class action complaint was filed in the United States District Court for the Southern District of California. In that case, putative class representatives alleged claims against The Scotts Miracle-Gro Company, - The Scotts Company LLC, and individual John Doe defendants stemming from Scotts’ sale of allegedly toxic bird food. On November 13, 2014, counsel for the putative class sent a letter to this court’s probation office, requesting disclosure under the Freedom of Information Act (“FOIA”) of all correspondence between Probation Officer Schal Boucher, [796]*796the author of the PSR in the Scotts case, the Environmental Protection Agency (“EPA”), and Scotts. By letter dated November 28, 2012, Ms. Boucher informed counsel that he would “need to send a subpoena for the records you are requesting directly to the Court” as the “probation office is unable to release any records from this file without the Court’s permission.” Doc. 9-4, PAGEID # 179.

By letter dated December 10, 2014, addressed to this court, counsel for the class plaintiffs requested that the court grant authorization for the probation office to release records in the Scotts case, including the PSR, witness interviews, correspondence and communications with governmental agencies, and internal company documents that were prepared or submitted as part of Scott’s presentence investigation. See Doe. 1. This letter was assigned a miscellaneous case number to create a record of these proceedings and to permit any other interested parties to respond. Counsel representing Scotts in the California case submitted a letter opposing disclosure of the PSR and related documents. See Doc. 2.

By letter dated February 18, 2015, the class plaintiffs renewed their request for disclosure of the PSR and pre-sentence communications, attaching redacted versions of an objection letter from Scotts to Ms. Boucher dated June 18, 2012, and another objection letter from Scotts to Ms. Boucher dated June 24, 2014, as exhibits. See Docs. 8 and 9. By letter dated March 9, 2015, counsel for Scotts responded that the redactions in these documents were the subject of discovery discussions in the California case in September of 2014. Counsel alleged that plaintiffs’ letters to this court are an attempt to bypass the parties’ meet-and-confer agreement in the California case resolving this discovery issue. See Doc. 11.

On April 1, 2015, the class plaintiffs submitted additional information consisting of an ex parte application filed in the California court concerning their pending class certification motion, and requested that certain materials be filed under seal. Those materials included the supplemental addendum to the Scotts PSR, and an unre-dacted version of Scotts’ June 18, 2012, letter to Ms. Boucher. See Doc. 15. The magistrate judge assigned to the instant miscellaneous action granted the motion to seal, but directed that any party seeking to have the documents remain under seal to file a motion within fourteen days. Doc. 14.

On April 16, 2015, counsel for Scotts filed a motion to seal the April 1, 2015, materials submitted by plaintiffs for filing under seal. Doc. 16. Scotts’ counsel maintained that on March 25, 2015, Scotts notified plaintiffs that the addenda to the PSR had been inadvertently disclosed in discovery, and asked plaintiffs to destroy the inadvertently disclosed materials pursuant to Fed.R.Civ.P. 26(b)(5)(B). On April 1, 2015, the class plaintiffs filed an application in the California action seeking a ruling that the inadvertently produced materials could be considered on the merits as support for their motion for class certification. By order entered on June 5, 2015, in the California action, Magistrate Judge Brooks denied the class plaintiffs’ application for authorization to use the documents, noting that it was for this court to rule on the scope and applicability of this court’s local rule governing the disclosure of PSRs and related materials. See Doc. 23, Ex. B.

C. Request for Disclosure of Transcript of Pre-Sentencing Hearing

In April of 2015, this court was advised that the class plaintiffs were seeking a transcript of the in camera pre-sentencing [797]*797conference held in the Scotts case on July-13, 2012. This court entered an order in the criminal case directing that any party seeking to have the transcript sealed could file a motion to that effect. See Case No. 2:12-cr-24, Doc. 26. On April 20, 2015, Scotts filed a motion to seal. - See Case No. 2:12-cr-24, Doc. 27.. On May 11, 2015, the California class plaintiffs filed a motion to intervene in the criminal action to obtain disclosure of the transcript. See Case No. 2:12-cr-24, Doc. 28. On May 14, 2015, this court denied the class plaintiffs’ motion to intervene in the criminal case, but invited them to file a response to Scotts’ motion to seal in the miscellaneous action. The class plaintiffs did so, and Scotts filed a reply.

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

Related

Nixon v. Warner Communications, Inc.
435 U.S. 589 (Supreme Court, 1978)
United States Department of Justice v. Julian
486 U.S. 1 (Supreme Court, 1988)
United States v. Shafer
608 F.3d 1056 (Eighth Circuit, 2010)
United States v. Jewell
614 F.3d 911 (Eighth Circuit, 2010)
United States v. Williams
624 F.3d 889 (Eighth Circuit, 2010)
United States v. Albert Harris, III
635 F.2d 526 (Sixth Circuit, 1980)
United States v. Ronald Peter Anzalone
886 F.2d 229 (Ninth Circuit, 1989)
United States v. Hilry Huckaby, III
43 F.3d 135 (Fifth Circuit, 1995)
United States v. Carlos Trevino
89 F.3d 187 (Fourth Circuit, 1996)
United States v. Raul Gomez
323 F.3d 1305 (Eleventh Circuit, 2003)
United States v. Shahid Iqbal
684 F.3d 507 (Fifth Circuit, 2012)
United States v. Green
571 F.3d 604 (Sixth Circuit, 2009)
United States v. Spotted Elk
548 F.3d 641 (Eighth Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
119 F. Supp. 3d 793, 2015 U.S. Dist. LEXIS 99007, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-scotts-miracle-gro-co-ohsd-2015.