Opinion
Civil Action No. 3: 03-CV-2968-B.
December 2, 2004
MEMORANDUM ORDER
Before the Court is Defendant Wal-Mart Stores, Inc.'s Motion to File Motion for Summary Judgment and Supporting Documents Under Seal (doc 31). For the following reasons, the Court DENIES Defendant's Motion but will permit Defendant to refile its Motion for Summary Judgment in the manner as the Court directs below.
This employment discrimination case was filed by Plaintiff Lucinda Chapoy against Defendant Wal-Mart Stores, Inc. on December 12, 2003. Defendant now seeks to seal its entire Motion for Summary Judgment ("Motion"), Brief in Support of Defendant's Motion for Summary Judgment ("Brief"), and Appendix in Support of Defendant's Motion for Summary Judgment ("Appendix"). Defendant's reason for this request is that the Motion, Brief, and Appendix contain the compensation and pay rates for other Wal-Mart employees, and Defendant believes that information is confidential.
The Supreme Court has recognized a right of access to judicial records and proceedings. Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978); see also SEC v. Van Waeyenberghie, 990 F.2d 845, 849 (5th Cir. 1993) (recognizing a presumption of access to public records). Public access to court filings promotes trust in the judicial process, curbs judicial abuses, and enables the public to better understand the judicial system. Van Waeyenberghie, 990 F.2d at 849. While a court has discretion to seal public records, the court must balance the common law right of access against any interests favoring non-disclosure. See Nixon, 435 U.S. at 599.
Given this presumption in favor of access, the Court is reluctant to seal over 250 pages of briefing and evidence when only a few pages are claimed to be confidential. Further, the global designation of the entire Motion, Brief, and Appendix as confidential will make it difficult for the Court to determine what, if any, portions of its opinion must be redacted. Therefore, the Court DENIES Defendant's Motion to Seal its entire Motion, Brief, and Appendix.
The Court is mindful, however, that Defendant has been involuntarily hailed into Court and required to produce information it wishes to protect as confidential. Therefore, the Court will permit Defendant to refile its Motion, Brief, and Appendix with the confidential portions separately compiled. Defendant may keep its current page numbers and simply indicate that the confidential pages are located in a separately sealed envelope, thus ensuring public access to all portions of the Motion, Brief, and Appendix that do not contain confidential information. Therefore, the Court ORDERS Defendant to retrieve the original and copy of its Motion, Brief, and Appendix from the Court's chambers and resubmit it in the above-described manner with an appropriate Motion to Seal by December 8, 2004. Plaintiff's Response date shall be calculated from the day the Court grants Defendant's Motion to Seal.
SO ORDERED.