Phillip Franklyn Vance-Meyers v. Johnson County, Kansas, et al.

Vance-Meyers · United States District Court for the District of Kansas · June 1, 2026 · No. No. 26-2272-KHV

Summary

The United States District Court for the District of Kansas overrules the plaintiff's motions to file a master evidence catalog and a supplemental memorandum under seal. The court holds that the plaintiff failed to show a significant interest outweighing the common-law presumption of public access to judicial records and had not demonstrated a need to submit the evidence catalog at the preliminary pleading stage. The court also finds any request for a discovery-related protective order premature.

Holdings

  1. The court held that plaintiff did not overcome the presumption of public access because he failed to show a need to file the master evidence catalog at the preliminary pleading-screening stage and failed to identify a real and substantial interest in nondisclosure that outweighed the public interest.
  2. The court held that plaintiff did not overcome the presumption of public access because he did not attach the proposed memorandum or identify specific information in it requiring protection, and merely asserted that it referenced and incorporated the evidence catalog.
  3. The court held that any request for protection of information plaintiff might produce during discovery was premature.

Questions Presented

  1. Whether plaintiff established a sufficient interest to overcome the common-law presumption of public access and permit filing his master evidence catalog under seal.
  2. Whether plaintiff established a sufficient interest to overcome the presumption of public access and permit filing his second supplemental memorandum supporting his emergency motion for a temporary restraining order and preliminary injunction under seal.
  3. Whether plaintiff's request for a protective order concerning information produced during discovery was ripe.

Disposition

other

Cases Cited (9)

  • Mann v. Boatright, 477 F.3d 1140, 1149 (10th Cir. 2007)(followed)
  • Nixon v. Warner Communications, 435 U.S. 589, 599 (1978)(followed)
  • Crystal Grower's Corp. v. Dobbins, 616 F.2d 458, 461 (10th Cir. 1980)(followed)
  • Helm v. Kansas, 656 F.3d 1277, 1292 (10th Cir. 2011)(followed)
  • Colony Insurance Co. v. Burke, 698 F.3d 1222, 1241 (10th Cir. 2012)(followed)
  • Gulf Oil Co. v. Bernard, 452 U.S. 89, 102 n.16 (1981)(followed)
  • United States v. Bacon, 950 F.3d 1286, 1294 (10th Cir. 2020)(followed)
  • Conley v. Gibson, 355 U.S. 41, 47 (1957)(followed)
  • Swierkiewicz v. Sorema N.A., 534 U.S. 506, 512 (2002)(followed)

Cited In (0)

No citing cases on record yet.

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