France asks federal court to seal divorce papers

NASCAR chairman Brian France is again trying to keep secret new details about his messy divorce – this time in federal court where he has accused his former wife of tape recording telephone conversations to extort money from him. France has asked a federal judge to seal documents surrounding those telephone conversations, which involved property distribution, custody of their two children and what's described in one court document as "sensitive personal and financial matters." Although virtually all divorce filings and related documents are public record under N.C. law, France argues that disclosure of the information could harm him both personally and professionally. "If this Court were to allow the record to remain unsealed, large portions of those illegally recorded conversations and information would be filed on the record for the entire world to see," France's attorneys wrote in a request to seal filings in the case. "This case is a private matter, involving private conversations about private issues. The only interest in allowing the public access to the judicial records and documents in this action is the promotion of a divorce scandal involving a highly regarded public figure." Attorneys for the Observer and news partner WCNC-TV on Wednesday filed motions and memoranda opposing the sealing of the documents. They urged the federal judge to reject "Mr. France's overbroad and unconstitutional attempt to prospectively seal virtually the entire court file. Mr. France is entitled to no better treatment  and deserves no worse  than any other litigant," the attorneys said. "If any legitimately sensitive information arises over the course of this litigation, this Court has the power to place a particular document containing such information under seal or redact it." The Observer's attorneys said France "trivializes" the public's interest in obtaining access to the records in the case. The attorneys for the newspaper and television station said their clients' "primary interest is ensuring that civil justice is applied fairly and evenly, irrespective of the wealth and power of the parties involved. See more at Charlotte Observer