Shoals Technologies Group, LLC v. Voltage, LLC, and Ningbo Voltage Smart Production Co.

Summary

An order and memorandum opinion addressing numerous motions to seal materials filed in Shoals Technologies Group, LLC v. Voltage, LLC, and Ningbo Voltage Smart Production Co. The court applies the common-law and First Amendment rights of public access, distinguishes judicial from non-judicial records, and grants or denies sealing requests as to specific docket entries and documents.

Holdings

1. Materials filed with the objective of obtaining judicial action or relief, including materials submitted with motions asking the court to rule on admissibility or preliminary-injunction issues, are judicial records subject to a public right of access. Materials submitted solely to summarize expected evidence and arguments for a bench trial, without seeking judicial action or relief, are not judicial records.
2. A party seeking to seal a judicial record subject to the common-law right of access must demonstrate that countervailing interests heavily outweigh the public interest in access and must provide specific reasons supporting the requested sealing.
3. A party seeking to seal judicial records subject to the First Amendment right of access must show a compelling interest, demonstrate that sealing is narrowly tailored, and establish that no less restrictive alternative will adequately protect the interest.
4. A protective-order designation or a generalized assertion that materials contain confidential information does not relieve the party seeking sealing of the obligation to establish, with specific support, why sealing is necessary and to narrowly tailor the request.

Questions Presented

1. Which materials filed in connection with the parties' motions qualify as judicial records subject to a public right of access?
2. What standard governs requests to seal or redact materials subject to the common-law right of access?
3. What standard governs requests to seal or redact materials subject to the First Amendment right of access?
4. Whether the parties established sufficient, specific, and narrowly tailored grounds to seal or redact each category of requested material.
5. What remedial filing and replacement instructions should issue for documents that were improperly sealed or for which a more specific sealing showing may be made?

Disposition

other