From Ferrari v. Francis, decided earlier this month by Judge Karen Gren Scholer (N.D. Tex.):
Plaintiff brought this lawsuit because of Defendant's alleged "false and defamatory statements" regarding Plaintiff. Among other things, Plaintiff alleges that Defendant falsely informed various entities that Plaintiff is a convicted felon…. Defendant moved to dismiss Plaintiff's claims. Defendant attached materials from Plaintiff's Colorado criminal record to the Motion to Dismiss as Exhibits B-2 through B-9[, including] … arrest warrant-related documents, a mugshot, an appearance bond, minute orders, docket sheets, and findings of fact as to Plaintiff's guilty plea. These documents are currently under seal by order of the Denver District Court. That court sealed Plaintiff's criminal record after Plaintiff completed a term of deferred adjudication.
Seeking to continue to shield his criminal record from public access, Plaintiff filed the instant Motion, in which he asks the Court to: (1) seal Exhibits B-2 through B-9 to Defendant's Motion to Dismiss and (2) order the parties to file copies of their Motion to Dismiss briefing that redact any references to Plaintiff's criminal record….
The Court "heavily disfavor[s] sealing information placed in the judicial record." In determining whether a document should be sealed, the Court undertakes a "document-by-document, line-by-line balancing of the public's common law right of access against the interests favoring nondisclosure." …
