Andrea Finamore v. Philadelphia Housing Authority , 518 F. App'x 70 ( 2013 )

BLD-205 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 12-4557
___________
ANDREA FINAMORE,
Appellant
v.
PHILADELPHIA HOUSING AUTHORITY; CARL GREENE
____________________________________
On Appeal from the United States District Court
for the Eastern District of Pennsylvania
(D.C. Civil No. 2-08-cv-00815)
District Judge: Honorable Petrese B. Tucker
____________________________________
Submitted for Possible Summary Action
Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
April 18, 2013
Before: SCIRICA, HARDIMAN and GREENAWAY, JR., Circuit Judges
(Opinion filed: May 3, 2013)
_________
OPINION
_________
PER CURIAM
Pursuant to Rule 41(a) of the Federal Rules of Civil Procedure, the District Court
entered an order in October 2008, dismissing the underlying employment discrimination
suit based on a settlement agreement between the parties. Four years later, Andrea
Finamore filed an “Emergency Motion for a Protective Order or Confidentiality Order
Sealing the Record, or, Alternatively, Redacting All of Plaintiff’s Identifiers.” (Dkt. No.
11.) She argued that, since she filed the lawsuit, she has been unable to obtain
employment because “prospective employers . . . perform[] civil litigation background
checks to systematically screen out job applicants who have sued a former employer.”
(Id. p. 11.) Finamore claimed that she interviewed for twenty-six different positions, and,
despite meeting their qualifications, did not receive an offer of employment because of
her litigation history. (Dkt. No. 11-1, pp. 7-10.)
The District Court denied Finamore’s motion, noting that there is a presumption of
access to judicial records, see In re Cendant Corp., 260 F.3d 183, 194 (3d Cir. 2001), and
recognizing that a party seeking to seal a portion of the judicial record bears the burden of
demonstrating that “disclosure will work a clearly defined and serious injury to the party
seeking closure,” Miller v. Ind. Hosp., 16 F.3d 549, 551 (3d Cir. 1994). The District
Court determined that Finamore “failed to show that her predicament outweighs the
significant public interest in full access to judicial records.” (Dkt. No. 12.) Finamore
timely appealed. (Dkt. No. 13.)
We have jurisdiction pursuant to 28 U.S.C. § 1291. See In re Newark Morning
Ledger Co., 260 F.3d 217, 220 (3d Cir. 2001). We may summarily affirm an order of the
District Court if no substantial question is presented on appeal. 3d Cir. LAR 27.4 and
I.O.P. 10.6.
We agree with the District Court that Finamore did not carry the heavy burden of
overcoming the presumption of access to judicial records. See Cendant, 260 F.3d at 194
“Broad allegations of harm, bereft of specific examples or articulated reasoning, are
insufficient” to support sealing a judicial record. Id. Finamore did not present any
specific evidence that she was qualified for a position, yet rejected solely on the basis that
the prospective employer discovered that she previously sued her former employer.
There being no substantial question presented on appeal, we will summarily affirm the
District Court’s order. 1
1
We have considered all of Finamore’s arguments presented in opposition to summary
action and find them to be without merit. Her motion to expedite her appeal is denied.