U.S. District Court Judge Stephen Limbaugh Jr. on Thursday denied CAA Sports' request to seal documents in the agency's ongoing court case versus its former Football co-Head Ben Dogra, citing the public's right to know. However, Limbaugh said he would grant CAA Sports' motion to require the agency and the agent to consult with each other before putting additional arbitration materials into the public record. Limbaugh also ordered the court clerk to unseal CAA Sports documents that were originally filed under seal. The decision is Limbaugh's first major ruling since CAA Sports filed suit against Dogra on Nov. 5. CAA Sports is seeking to vacate the fourth supplemental arbitration and award in the case. CAA Sports fired Dogra in November '14 for cause and Dogra filed an arbitration over it. After CAA Sports sued Dogra in federal court in St. Louis, Dogra countersued, seeking, among other things, a ruling that the arbitration award was not confidential. Dogra also attached the arbitration award to his countersuit, which was filed the Wednesday before Thanksgiving. CAA Sports, in its reply to the court filing, questioned Dogra's motives and timing, alleging it was "underhanded and calculated," preventing the agency time to file a motion to seal the documents before the media could obtain them. "In short, Dogra has audaciously and inappropriately usurped this Court’s authority," CAA Sports said in its court papers.
DOGRA CLAIMS PUBLIC SMEARING: Dogra said the filing was not underhanded and alleged that CAA Sports was trying to "publicly smear" him. "No public interest is served by ordering that the Award is confidential and the parties never agreed that the Award would be confidential," Dogra said in court papers. Limbaugh said even if there was a confidentiality agreement in Dogra's employment agreement, there is "a long standing presumption of public access" to litigation in the courts. "It seems CAA Sports' primary concern for seeking to seal documents in this case is to avoid media attention," Limbaugh wrote in his decision. "That concern is patently insufficient to justify overriding the strong presumption of public access." However, Limbaugh in his opinion granted CAA Sports' motion that the parties to the lawsuit consult with each other before making public other "materials to the arbitration" which are not in the court record now. "In the event the parties continue to disagree over what materials should properly come before this Court, they may move for further relief," Limbaugh wrote. He did not rule on CAA Sports' primary request and reason for bringing the lawsuit -- its motion to vacate the fourth arbitration award. Dogra claims in court papers he is owed an amount of more than $2.3M under that fourth arbitration award, representing interest payments on money he was due from CAA Sports and did not receive until years later.
