Summary
ruling on document redaction
Summary of this case from State ex rel. Edel Weiss Fund v. JPMorgan Chase & Co.Opinion
Index No. 100559/2014 Motion Seq. Nos. 093 094 095 097 098 099 101
08-23-2024
STATE OF NEW YORK EX REL. EDELWEISS FUND, LLC, Plaintiff, v. JPMORGAN CHASE & CO., CITIGROUP, INC., M&T BANK CORPORATION, WELLS FARGO & COMPANY, MERRILL LYNCH & CO., INC., MORGAN STANLEY SMITH BARNEY LLC, JPMORGAN CHASE BANK, N.A., J.P. MORGAN SECURITIES LLC., J.P. MORGAN SECURITIES, INC., CITIBANK, N.A, CITIGROUP GLOBAL MARKETS, INC., CITIGROUP FINANCIAL PRODUCTS, INC., CITIGROUP GLOBAL MARKETS HOLDINGS, INC., M&T BANK, BANK OF AMERICA CORPORATION, BANK OF AMERICA N.A., BANC OF AMERICA SECURITIES LLC, MERRILL LYNCH, PIERCE, FENNER & SMITH INC., BOFA MERRILL LYNCH ASSET HOLDINGS, INC., MORGAN STANLEY, MORGAN STANLEY & CO. LLC, MORGAN STANLEY BANK, N.A., MORGAN STANLEY CAPITAL SERVICES INC., MORGAN STANLEY CAPITAL GROUP INC., Defendant.
Unpublished Opinion
MOTION DATE 07/03/2024, 07/03/2024, 07/03/2024, 07/03/2024, 07/03/2024, 07/03/2024, 07/09/2024
AMENDED AND RESTRATED DECISION + ORDER ON MOTION
Andrew Borrok, Judge
The following e-filed documents, listed by NYSCEF document number (Motion 093) 1702, 1703, 2292, 2340, 2341, 2342, 2343, 2344, 2429, 2448 were read on this motion to/for SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 094) 1726, 1727, 2290, 2426, 2449 were read on this motion to/for SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 095) 1877, 1878, 2291, 2331, 2332, 2333, 2334, 2335, 2336, 2337, 2338, 2339, 2450 were read on this motion to/for SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 097) 2158, 2159, 2288, 2307, 2430, 2451 were read on this motion to/for SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 098) 2163, 2164, 2296, 2308, 2321, 2322, 2323, 2324, 2325, 2326, 2327, 2328, 2329, 2330, 2428, 2452 were read on this motion to/for SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 099) 2251, 2252, 2293, 2310, 2453 were read on this motion to/for SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 101) 2259, 2260, 2261, 2262, 2263, 2264, 2265, 2266, 2267, 2268, 2269, 2270, 2271, 2272, 2273, 2274, 2295, 2299, 2300, 2301, 2427, 2454 were read on this motion to/for SEAL
The court's decision and order dated August 20, 2024 (the Prior Decision: NYSCEF Doc. Nos. 2448, 2449, 2450, 2451, 2452, 2453, and 2454) is hereby deleted and replaced in its entirety by this decision and order.
Upon the foregoing documents and for the reasons set forth on the record (tr. 8.19.24), in large part, certain of the parties seek to redact certain account numbers, routing numbers, and proprietary business information set forth in certain documents and deposition testimony.
As discussed, these types of redactions are in fact appropriate because the information sought to be sealed contains "sensitive proprietary and business information, which the parties have an interest in protecting and there is no countervailing public interest that would be furthered by their disclosure." Matter of Cohen v S.A.C. Capital Advisors, LLC, 11 Mise 3d 1054(A) [Sup Ct 2006], To the extent however that the parties seek to redact certain other information, including, information about pricing or screen shots of inventory, redaction is not appropriate as the public interest in this information far outweighs any privacy concerns that the defendants have.
Accordingly,
1. Mtn. Seq. Nos. 94 &99 are granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts solely to the extent that NYSCEF Doc. Nos. 1704-1707, 1709-1725, 2169, 2171, 2173, 2179, 2185, 2187, 2188, 2191-2196, 2202, 2206, 2207, 2243 shall be permanently sealed, pending the uploading of the approved proposed redactions no later than September 3, 2024;
2. Mtn. Seq. Nos. 95 &101 are granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts solely to the extent that NYSCEF Doc. Nos. 1805, 1824, 1825, 1885, 1898, 1935-1940 shall be permanently sealed, pending the upload of the approved proposed redactions no later than September 3, 2024;
3. Mtn. Seq. No. 98 is granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts to the extent that NYSCEF Doc. Nos. 2040, 2041, 2044, 2045, 2052, 2057, 2058 shall be sealed permanently, pending the upload of the approved proposed redactions no later than September 3, 2024;
4. Mtn. Seq. No. 93 is granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts to the extent that NYSCEF Doc. No. 1695 shall be sealed permanently, pending the upload of the approved proposed redactions no later than September 3, 2024;
5. Mtn. Seq. No. 97 to seal certain documents (NYSCEF Doc. Nos. 2062, 2063-2077, 2080-2157) is withdrawn.
6. For the avoidance of doubt, the Prior Decision also indicated that documents 1708, 1797-1800, 1804, 1807, 1905, 1921-1926, 2166, 2168, 2170, 2172, 2174-2178, 2180-2184, 2186, 2189, 2190, 2197-2201, 2203-2205, 2208-2242, and 2244-2250 should also be permanently sealed. This was a transcription error. These documents should not be sealed.
Accordingly, it is hereby
ORDERED that the Clerk of the Court is directed, upon service on him of a copy of this interim order with notice of entry, to seal NYSCEF Doc. Nos. 1695, 1704-1707, 1709-1725, 1805, 1824, 1825, 1885, 1898, 1935-1940, 2040, 2041, 2044, 2045, 2052, 2057, 2058, 2169, 2171, 2173, 2179, 2185, 2187, 2188, 2191-2196, 2202, 2206, 2207, 2243, and to separate these documents and to keep them separate from the balance of the file in this action; and it is further
ORDRED that the parties shall upload redactions by September 3, 2024; and it is further
ORDERED that thereafter, or until further order of the Court, the Clerk of the Court shall deny access to the said sealed documents to anyone (other than the staff of the Clerk or the court) except for counsel of record for any party to this case and any party; and it is further
ORDERED that service upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website).
ORDRED that documents sealed (NYSCEF Doc. Nos. 1708, 1797-1800, 1804, 1807, 1905, 1921-1926, 2166, 2168, 2170, 2172, 2174-2178, 2180-2184, 2186, 2189, 2190, 2197-2201, 2203-2205, 2208-2242, 2244-2250) in the Prior Decisions shall be unsealed.