Brinson Benefits, Inc. v. Linda Hooper, Sean Sendelbach and Holmes Murphy & Associates, Inc. ( 2015 )

ACCEPTED
05-15-00123-CV
FIFTH COURT OF APPEALS
DALLAS, TEXAS
7/23/2015 10:48:29 AM
( ( ; ,ARRINGTON COLEMAN
LISA MATZ
CLERK
Bri Turner
Attorney
214.855.3121
July 23,2015 bturner@ccsb. com
Ms. Lisa Matz, Clerk FILED IN
5th COURT OF APPEALS
Fifth Court of Appeals DALLAS, TEXAS
George L. Allen, Sr. Courts Bldg. 7/23/2015 10:48:29 AM
600 Commerce Street, Suite 200 LISA MATZ
Dallas, Texas 75202-4658 Clerk
Re: Sealed Documents Contained in the Record of Brinson Benefits, Inc. v.
Linda Hooper, Sean Sendelbach, and Holmes Murphy & Associates
No. 05 -15-00123-CV.
Dear Ms. Matz:
I am one of the attorneys representing Brinson Benefits, Inc. This case involves some
documents that contain sensitive data. The trial court entered several sealing orders in this case,
which are included in the Clerk's Record. Upon review of the appellate record this week, we
discovered the record submitted to this Court includes documents the trial court sealed in an
order signed on October 9, 2014 (Order on Plaintiffs Second Motion to Seal Court Records,
attached). The trial court ordered the following documents to be sealed pursuant to Rule 76a of
the Texas Rules of Civil Procedure. 1
• Plaintiffs Exhibit Nos. 17B, 17C, 17F, 170, 17J, 28, 29, 32B, 33, 33A, 33B, 33C, 33D,
33E, 33F, 34, 34A, and 34B; and
• Defendant's Exhibits Nos. 9, 39, 42, 47, 50, 60, and 61.
These documents are contained in Volume 20 the court record, 2 and thus available to the public,
contrary to the trial court's order. Please remove these documents from the publically accessible
version of the Reporter's Record, and restrict access except to the attorneys of record for the
parties, judges, and court staff.
Please let me know if any additional actions are required to ensure compliance with the attached
Sealing Order.
Very truly yours,
``~--
Bn Turner
Attorney for Brinson Benefits, Inc.
BAT
Enc.
cc: All Counsel of Record via ECF Notice
1
Volume 20 of the Reporter's Record is not separately paginated, but the Exhibits are bookmarked in the PDF file.
2
Plaintiffs Exhibits nos. 28 and 34 were sealed by the trial court's order but are not included in the reporter's
record.
Carrington, Coleman, Sloman & Blumenthal, L.L.P.
www. ccsb . com 901 Main Street, Suite 5500 • Dallas, Texas 75202 • fax: 214.758.3731
CAUSE NO. 12-07520
BRINSON BENEFITS, INC. § IN THE DISTRICT COURT
§
Plaintiff, §
§
v. § IOlst JUDICIAL DISTRICT
§
LINDA HOOPER, SEAN §
SENDELBACH, AND HOLMES §
MURPHY & ASSOCIATES, INC. §
§
Defendants § DALLASCOUNTY,TEXAS
ORDER ON PLAINTIFF'S SECOND MOTION TO SEAL COURT RECORDS
After considering Plaintiff Brinson Benefits, Inc.'s Second Motion to Seal
Court Records, the Court GRANTS the motion, and makes the following findings and
conclusions:
1. Plaintiff demonstrated that certain court records in this matter are confidential and
proprietary. Plaintiff has also shown that certain court records include its
clients'/prospective clients' HIPAA-protected medical infonnation. Accordingly,
Plaintiff has demonstrated a specific, serious, and substantial interest in the
confidentiality of certain court records that clearly outweighs the presumption of
openness and any probable adverse effect on the general public health and safety.
Further, as this case relates to alleged misappropriation of trade secrets in the
employee benefits and insurance business, the general public health and safety will
not be adversely affected.
2. Plaintiff demonstrated that there are no less-restrictive means than sealing certain
Court records. The sealing of certain trial exhibits is the least-restrictive means by
which Plaintiff's confidential and proprietary infonnation and the HIPAA-
protected infonnation described above can be can be protected.
Therefore, the Court ORDERS that the following court records are sealed/under
Texas Rule of Civil Procedure 76~ ·
I
ORDER ON PLAINTIFF'S
SECOND MOTION TO SEAL COURT RECORJ•S PAGE 1
4347
The following exhibits entered into evidence at Trial (which began on September
2, 2014 and ended on September 11, 2014) are to be sealed:
• Plaintiff's Trial exhibits nos. 17B, 17C, 17F, 17G, 17J, 28, 29, 32B,
33, 33A, 33B, 33C, 330, 33E, 33F, 34, 34A, and 34B; and
• Defendant's Trial exhibits nos. 9, 39, 42, 47, 50, 60, and 61.
The Court further ORDERS that any court records that are sealed will not become
public or be disclosed by any person, will not be included in the public records of this case,
and will not be otherwise disclosed or permitted to come into the possession, control, or
knowledge of any persons other than the parties, the attorneys of record for the parties in
this case, the regular staff of the parties' attorneys, certified court reporters and their staffs,
and the personnel of the Court.
Further, the Court ORDERS that all persons who gain possession of any court
records that are sealed will not disclose, transfer, or in any way allow the sealed documents
to come into the possession of any other person at any time.
Further, the Court ORDERS the Court Clerk to take notice of this Order and to
institute procedures to ensure that Court personnel comply with the terms of this Order,
including marking the court records sealed by this Order as being under seal of the Court
and subject to this Order.
The Court will retain jurisdiction, as provided by law, to enforce, alter, or vacate
this order before or after judgment in this case.
Any violation of this Order will be a contempt of court.
SIGNED on October ~014.
ORDER ON PLAINTIFF'S
PRE~
SECOND MOTION TO SEAL COURT RECORDS PAGE2
4348