ELIZABETH COWAN WRIGHT, Magistrate Judge.
This matter is before the Court upon the parties' contested Joint Motion Regarding Continued Sealing (Dkt. No. 63) pursuant to Local Rule 5.6(d) concerning documents filed under seal (Dkt. Nos. 38, 41, 45, 48, and 50). For the reasons stated below, the Court concludes that Docket Numbers 38, 41, 45, 48, and 50 should be unsealed.
This case arises out of Plaintiff's assertion that Defendant illegally placed a levy on her wages in violation of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. The parties disagree as to whether Docket Numbers 38, 41, 45, 48, and 50 should be unsealed. These documents were filed under seal with the Court in conjunction with the parties' respective Motions for Summary Judgement. (Dkt. Nos. 31, 36.) The sealed documents at issue include: a memorandum of law and reply filed by Plaintiff (Dkt. Nos. 38, 50); a sealed exhibit filed Plaintiff consisting of excerpts from the deposition transcript of Defendant's Rule 30(b)(6) deponent Amy Goltz (Dkt. No. 41), which was marked "CONFIDENTIAL" under the operative Protective Order (Dkt. No. 19); a reply in support of summary judgment filed by Defendant (Dkt. No. 45); and a sealed exhibit filed by Defendant also consisting of excerpts from the same confidential Rule 30(b)(6) deposition transcript involving Goltz (Dkt. No. 48).
Defendant argues as part of the motion for continued sealing that the information contained in Docket Numbers 38, 41, 45, 48, and 50 "relates to or discuss Defendant's financial documents or proprietary policy and procedures. This information is protected under the Court's adopted Protective Order and if disclosed the Defendant is at risk of competitive disadvantage." (Dkt. No. 63.) Plaintiff countered that the pleadings at issue "do not contain any confidential or proprietary information." (Id.) Neither party explains their respective position beyond their conclusory assertions nor do they rely on any legal authority. See Baxter Int'l, Inc. v. Abbott Labs., 297 F.3d 544, 548 (7th Cir. 2002) (finding that the proponent of sealing must "analyze in detail, document by document, the propriety of secrecy, providing reasons and legal citations"); see also Shamblin v. Obama for Am., No. 8:13-CV-2428-T-33TBM, 2014 WL 6065752, at *2 (M.D. Fla. Nov. 12, 2014) ("The statement that `this proprietary and confidential information, if publicly disclosed, would provide competitors of the Defendant and Defendant's vendors an unfair advantage' without more is not enough to override the common law and First Amendment rights of the public to review court documents."); Local Rule 5.6(d)(2)(A)(ii).
The mere fact that a document has been designated as confidential under a protective order is not a valid basis to keep the document under seal indefinitely for the purposes of Local Rule 5.6(d), which governs motions for further consideration of sealing in this District. American courts "recognize a general right to inspect and copy public records and documents, including judicial records and documents." Nixon v. Warner Comms., Inc., 435 U.S. 589, 597 (1978); see also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) ("[D]ocuments used by parties moving for, or opposing, summary judgment should not remain under seal absent the most compelling reasons.") (citation omitted); Brown v. Advantage Eng'g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) ("Once a matter is brought before a court for resolution, it is no longer solely the parties' case, but is also the public's case."). As the Eighth Circuit has held:
IDT Corp. v. eBay, 709 F.3d 1220, 1222 (8th Cir. 2013).
"`This right of access is not absolute, but requires a weighing of competing interests.'" Feinwachs v. Minn. Hosp. Ass'n, No. 11-cv-8 (JRT/SER), 2018 WL 882808, at *3 (D. Minn. Feb. 13, 2018) (quoting Webster Groves Sch. Dist. v. Pulitzer Pub. Co., 898 F.2d 1371, 1376 (8th Cir. 1990)). According to the Eighth Circuit:
IDT Corp., 709 F.3d at 1223 (citations omitted); see also, Feinwachs, 2018 WL 882808, at *3 (citation omitted).
While Local Rule 5.6 does not explicitly set forth a standard of proof which parties must meet in order for the Court to change the prior sealing determinations made in the context of a joint motion regarding continued sealing under Local Rule 5.6(d)(2), the 2017 Advisory Committee Note to Rule 5.6 provides guidance similar to the Eighth Circuit in IDT Corp., supra, by requiring this Court to balance the interests of Defendant in maintaining the confidentiality of the documents at issue with the public's right of access:
Local Rule 5.6(d) advisory committee's note (emphasis added).
The operative documents at issue are the excerpts from the Rule 30(b)(6) deposition of Defendant involving Goltz, given that the redacted portions of the parties' respective sealed memoranda rely on her testimony. The Court has reviewed these transcripts at Docket Numbers 41 and 48 and concludes that Defendant has not met its burden to show that this testimony contains proprietary policies or procedures that if disclosed would place Defendant at risk of competitive disadvantage. In particular, Goltz, in her testimony, discusses what type of collection business Defendant handled; how Defendant intakes, records, and reviews the information it receives; whether Defendant considers discharged judgments enforceable; Plaintiff's collection history and notations related to the record; whether Plaintiff's debt was dischargeable and her application for discharge; who fielded garnishment questions on behalf of Defendants; Defendant's employees involved in the collection activities related to Plaintiff and the review of her file; communications from Defendant to Plaintiff's employer; a Hennepin County District Court matter involving Plaintiff; how often Defendant receives applications for discharges; communications to Plaintiff's employer; and what documents are reviewed by Defendant in conjunction with wage garnishments and levies. (See Dkt. Nos. 41, 48.) Much of this information deals with simple intake and review of information in relation to debt collection. For example, there nothing secret or proprietary about the fact that debt collectors review relevant facts received by them regarding a debt or that they use a variety of personnel, including attorneys, to review files. In sum, based on its review, the Court concludes that Defendant's need for confidentiality in the information contained in Docket Numbers 38, 41, 45, 48, and 50 does not outweigh the public's right of access as it relates to decisions rendered by the Court regarding possible unlawful debt collection practices.
Based upon on the motion and the documents filed under seal, as well as all the files, records, and proceedings herein,