On Tuesday, July 22, 2025, Jennifer Whitney filed a complaint for a writ of mandamus and a writ of prohibition in the Supreme Court of Ohio against Judge Tammy O’Brien of the Summit County Common Pleas Court and Judges Jennifer Hensal, Scot Stevenson, and Jill Flagg Lanzinger of the Ninth District Court of Appeals.
The action stems from Whitney’s lawsuit against The J.M. Smucker Company, heard in the Summit County Common Pleas Court under Case No. CV-2020-11-3164 and appealed in the Ninth District Court of Appeals under Case Nos. CA-30713 and CA-30714.
Whitney seeks to compel the judges to vacate sealing orders and to prohibit their enforcement. The complaint focuses on four sealing decisions: the trial court’s December 30, 2021, order on Whitney’s motion to compel discovery; the trial court’s April 27, 2023, decision to seal its April 19, 2023, summary judgment ruling; the appellate court’s June 14, 2023, order to seal the trial court’s December 30, 2021, and April 19, 2023, opinions along with related pleadings and evidence; and the appellate court’s August 7, 2023, denial of Whitney’s reconsideration request.
The complaint alleges that these sealing orders violate Ohio Rules of Superintendence, specifically Rule 45(E), which requires clear and convincing evidence to restrict public access to court documents. Whitney argues that no such evidence was presented to justify sealing the records, including the trial court’s opinions, related briefs, evidentiary materials, and unredacted appellate briefs. She contends that the defendants in the underlying case waived attorney-client privilege by selectively disclosing privileged information to support their summary judgment motion while withholding other documents on privilege grounds.
Whitney’s underlying case involved disputes over discovery, where she moved to compel production of documents the defendants withheld, citing privilege. The trial court denied most of her motion, sealing its December 30, 2021, ruling without explanation. Similarly, the trial court sealed its April 19, 2023, summary judgment decision after the defendants’ request, citing a protective order but without evidence to support sealing. On appeal, Whitney challenged these decisions, arguing that the defendants’ use of privileged information in court filings constituted a waiver, making sealing improper.
The Ninth District Court of Appeals maintained the sealing orders, prompting Whitney to file this action. She cites precedents such as State ex rel. Shubert v. Breaux (2024) and Forsthoefel, which found sealing orders invalid without evidence or compliance with Rule 45(E). Whitney claims the sealed records, held by the Summit County Clerk of Courts, should be public under Ohio Sup. R. 45(A) and the First Amendment.
The complaint requests that the Supreme Court order the judges to vacate the sealing orders and conduct a proper review before restricting access to the documents. It also seeks a writ of prohibition to prevent enforcement of these orders, arguing that the judges lacked authority to seal records without evidence.
A copy of the original filing can be found here.
