1925 Hooper LLC v. The National Association of Realtors
1:23-cv-05392
| N.D. Ga. | Jun 4, 2025Background
- The case concerns a motion by Don Gibson, Laura Criss, John Meiners, and Daniel Umpa ("Proposed Intervenors") to file certain documents under seal in ongoing litigation involving 1925 Hooper LLC, The National Association of Realtors, and other parties.
- The Proposed Intervenors sought to seal portions of their Surreply and four exhibits related to settlement communications in the broader litigation.
- Settlement discussions are typically considered sensitive and non-public.
- No party opposed the motion to seal.
- The court's general rule is that documents filed are presumptively public, in line with Eleventh Circuit precedent.
- The procedural posture is a pretrial motion to determine whether certain documents should remain under seal to protect confidentiality.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to seal settlement-related documents | Protection of confidential settlement communications is necessary. | Did not oppose the motion to seal. | Motion to seal is granted; documents remain under seal. |
| Public right of access | Exceptions exist for legitimate, non-public interests. | Sealing is justified to protect confidential information. | Legitimate private interest outweighs public's right of access. |
| Good cause for sealing | Disclosure would cause serious harm if made public. | No opposition; acknowledged privacy interest. | Good cause established for sealing. |
| Least restrictive alternative | Sealing is the only way to maintain confidentiality. | No alternative proposed. | Sealing is the least onerous means available. |
Key Cases Cited
- Brown v. Advantage Eng'g, Inc., 960 F.2d 1013 (11th Cir. 1992) (court documents presumptively public and are the public's case)
- Romero v. Drummond Co., 480 F.3d 1234 (11th Cir. 2007) (common-law right of access to judicial proceedings, balancing test for sealing)
- Landmark Commc'ns, Inc. v. Virginia, 435 U.S. 829 (1978) (public concern in judicial conduct)
- Nixon v. Warner Commc'ns, Inc., 435 U.S. 589 (1978) (right to inspect/copy judicial records is fundamental)
- Chi. Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304 (11th Cir. 2001) (factors and standards for sealing court filings)