September 19, 2014

Tenth Circuit: Generalized Allusion to Confidential Information Insufficient to Justify Sealing Records

The Tenth Circuit Court of Appeals issued its opinion in JetAway Aviation, LLC v. Board of County Commissioners of the County of Montrose, Colorado on Monday, June 9, 2014.

JetAway is a commercial business that provides aircraft-related services such as hangaring, fueling, parking, and more, typically known as FBO. In 2006, the Montrose County Board of County Commissioners decided to privatize FBO services at the Montrose Regional Airport. The BOCC solicited bids and selected another provider, JCP, for the FBO services. JetAway sued, alleging violations of the Sherman Act from manipulation of the selection process. The district court granted summary judgment in favor of the governmental defendants, and JetAway appealed. The defendants cross-appealed on governmental immunity grounds.

In a per curiam opinion, the Tenth Circuit affirmed the grant of summary judgment, noting that JetAway failed to establish anti-trust injury. There was no need for the Tenth Circuit to reach the defendants’ governmental immunity cross-appeal. The Tenth Circuit also addressed two procedural matters – JetAway’s motion to seal Volume XVI of its appendix and Defendants’ motion to strike JetAway’s reliance on notes taken by a county commissioner. The Tenth Circuit denied JetAway’s motion to seal, noting that they failed to meet their heavy burden to show why sealing was required, and denied Defendants’ motion as moot.

The Tenth Circuit affirmed summary judgment against JetAway, dismissed as moot Defendants’ cross-appeal, denied JetAway’s motion to seal, and denied as moot Defendants’ motion to strike.

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