Andretta v. Long Island Plastic Surgical Group, PC

Background

Victoria Andretta commenced the lawsuit by filing a redacted complaint against Long Island Plastic Surgical Group, PC, doing business as New York Plastic Surgical Group. The complaint stated that Andretta was proceeding on behalf of herself and all others similarly situated. The opinion says the complaint was filed on June 14, 2024, and that the redactions had not been approved by the judge or any other judge in the Southern District of New York.

Court’s reasoning

The court explained that judicial documents generally carry a common-law presumption of public access. Before allowing a document to be sealed or redacted, the court must make specific findings that a more important value requires narrowly tailored restrictions. The court concluded that a complaint qualifies as a judicial document because it is relevant to the court’s work and useful in the judicial process.

Order and effect

Judge Vernon S. Broderick ordered Andretta to file an unredacted complaint under seal by June 21, 2024, and to file a motion seeking permission to file a redacted complaint under the procedures in the judge’s individual rules and practices for civil cases. The order states that failure to comply will result in dismissal of the case for failure to prosecute under Federal Rule of Civil Procedure 41(b). The Clerk of Court was directed to withhold the summons until further order of the court. The opinion does not decide the underlying claims or the merits of the lawsuit.