BEIJING — A Tazewell County judge ruled Monday in favor of the Pantagraph and several other central Illinois news outlets, easing a protective order in a lawsuit involving Reditus Laboratories, its CEO Aaron Rossi and its former business partner .
Judge Chris Doscotch said that “90% of the records are in the public sphere” and not sealed or confiscated, in future the media will have access to the pleadings and attachments.
“For files that are classified, there is a presumption that they are public. This is important, First Amendment rights,” he said. “There are less restrictive ways to protect legitimate privacy and financial concerns.”
The lawsuit was filed in Tazewell County in early 2021 by James Davie, accusing Rossi of using company money to fund his own lifestyle.
Some key documents in the case were placed under seal, the result of a protective order initially accepted by Davie. He has since been granted further representation and has sought to lift the seal. The media petition supported this effort.
“We affirm the constitutional interest and access to court records and court orders that are impacted by the protective order, as entered by the court,” said Don Craven, a Springfield attorney representing The Pantagraph and other Bloomington-Normal and Peoria-based media. .
Explaining his decision, Doscotch said the litigation will continue pending the expectation that attorneys who wish to file a redacted or impounded document file a motion, knowing that the motion will be heard in open court.
“Then, you will confidentially deposit in the safe the documents that you wish to redact or confiscate. The court will then make that decision,” the judge said.
Adam Silverman of Chicago-based Adleman & Gettleman Ltd., who has been appointed receiver to oversee the financial assets of Reditus Laboratories, will have 40 days to review the two orders filed April 6 and file any objections to the publication of the prescriptions.
Doscotch said that “no one has knocked on the door of the courthouse in this private trial for the past two years,” interest in the case has changed.
“Obviously the matter is now in the public sphere,” he said, granting the media’s request to intervene for the limited purposes of the protective order.
Other participating outlets include WGLT, WCBU, WEEK 25 News & Heart of Illinois ABC, WMBD-TV & WYZZ, WMBD 1470 and the Peoria Journal Star.
Doscotch noted that no allegations have been made questioning Reditus’ use of public funds and services provided, “I can’t think of anything in my life that has been more disruptive to human beings than COVID- 19 and… that this laboratory was providing these services is also of public interest.
Craven has previously said that given Reditus’ $220 million contract with the state of Illinois to perform COVID-19 testing, the company’s finances are affecting taxpayer dollars.
Lawyers for Rossi and his companies – Reditus Laboratories and PAL Health Technologies – objected to the disclosure of information they consider confidential because it relates to non-public companies.
In granting the request to intervene, the judge stated that the media will not have access to any seized pleadings. The judge did not include in his decision the investigative documents filed throughout the litigation.
Lawyers on all sides agreed that trade secrets, if present, were subject to a protective order; however, Craven said the other parties abused their discretion when entering the protective order.
When delivering his ruling, Doscotch said the judge hearing the case would be a more active gatekeeper when it comes to seizures, noting that redactions would be preferred over “bulk impoundments.”
A hearing on the status of the civil case is scheduled for Friday, May 6.
In a separate case, Rossi, 39, is charged with federal tax evasion for underreporting his income from 2015 to 2017.
Contact Kelsey Watznauer at (309) 820-3254. Follow her on Twitter: @kwatznauer.