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IN RE MORNING SONG BIRD FOOD LITIGATION

No. 15-3943.

831 F.3d 765 (2016)

IN RE: MORNING SONG BIRD FOOD LITIGATION. Laura Cyphert; Milt Cyphert; Barbara Cowin; Ellen Larson; David Kirby, Plaintiffs-Appellants, v. The Scotts Miracle-Gro Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 4, 2016.

Attorney(s) appearing for the Case

ARGUED: Jason Forge , Robbins Geller Rudman & Dowd LLP, San Diego, California, for Appellants. Jeffrey J. Jones , Jones Day, Columbus, OH, for Appellee. ON BRIEF: Jason Forge , Eric Alan Isaacson , Rachel L. Jensen , Robbins Geller Rudman & Dowd LLP, San Diego, California, Amanda M. Frame , Robbins Geller Rudman & Dowd LLP, San Francisco, California, Alex R. Lumaghi , Dowd & Dowd P.C., St. Louis, Missouri, John J. Driscoll , The Driscoll Firm, P.C., St. Louis, Missouri, for Appellants. Jeffrey J. Jones , Jones Day, Columbus, Ohio, for Appellee.

SUHRHEINRICH, J., delivered the opinion of the court in which McKEAGUE, J., joined. DONALD, J. (pp. 782-83), delivered a separate dissenting opinion.

OPINION

This appeal raises the issue of whether a district court must disclose letters containing presentence objections prepared in a criminal case to a third party for use in a related civil litigation. We must decide what legal standard governs a request for disclosure of presentence objections and determine...

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