United States District Court, S.D. Ohio, Western Division
ORDER CONDITIONALLY GRANTING PLAINTIFFS' MOTION
TO FILE UNDER SEAL (DOC. 69)
TIMOTHY S. BLACK JUDGE
civil action is before the Court on Plaintiffs' motion
for leave to file certain documents under seal. (Doc. 69).
commenced this civil action against Defendants, pursuant to
the qui tam provisions of the False Claims Act, 31
U.S.C. § 3730(b). (Doc. 32 at ¶ 2). Plaintiffs
alleged that Defendants had violated the False Claims Act by:
(1) submitting “fraudulent claims for Medicare
reimbursement to the United States”; and (2)
retaliating against Plaintiffs. (Id. at ¶¶
December 12, 2018, the Court entered the parties' Joint
Stipulated Protective Order (the “Protective
Order”). (Doc. 56). The Protective Order allows the
parties to designate certain information exchanged in
discovery as “Covered Information.” (Id.
at ¶ 1). And the Protective Order requires the parties
to file Covered Information in compliance with Local Rule
5.2.1. (Id. at ¶ 5).
relevant part, the Protective Order provides as follows:
If a party files a document containing Covered Information
with the Court, it shall do so in compliance with Local Rule
5.2.1 and the electronic case filing procedures for the
United States District Court for the Southern District of
Ohio. The filing of documents under seal shall be without
prejudice to the Party's rights under Section 10 of this
October 29, 2019, the Court established a briefing schedule
for the parties' dispositive motions. (Not. Order, Oct.
29, 2019). The briefing schedule provides that: summary
judgment motions are due on or before November 8, 2019;
responsive memoranda are due on or before December 20, 2019;
and reply memoranda are due on or before January 10, 2020.
November 8, 2019, Defendants filed motions for summary
judgment. (Docs. 64, 66). Then, on December 20,
2019, Plaintiffs filed responsive memoranda. (Docs. 70, 71).
In connection with their responsive memoranda, Plaintiffs
filed a motion for leave to file certain documents under seal
(the “Motion to File Under Seal” or the
“Motion”). (Doc. 69).
relevant part, the Motion to File Under Seal provides as
Plaintiffs are presently preparing to file responses to
Defendants' Motions for Summary Judgment in this matter.
Certain evidence and deposition testimony cited by Plaintiffs
in those responses have been designated “Covered
Information” under the Protective Order. Pursuant to
Paragraph 5 of the Protective Order, this Covered Information
must be filed with this Court under seal.
The Covered Information at issue purportedly includes
information regarding certain nonparties' personnel
records including compensation, bonus and disciplinary
actions; non-public and proprietary business information; and
non-public operational, financial and compliance information.
Accordingly, Plaintiffs hereby ...