In re Turquoise Hill Resources Ltd. Securities Litigation

Background

Defendants had filed Exhibits 1 and 4–7 to their motion to dismiss the Third Amended Complaint under seal. In an earlier order, the court asked defendants whether they still believed that the factors against public access outweighed the usual presumption that judicial documents should be available to the public.

Defendants then moved to keep certain redacted portions of Exhibits 4–6 under seal. They filed public versions of those exhibits that disclosed information about the Oyu Tolgoi mine but redacted information about other projects. The court stated that this case concerns only the Oyu Tolgoi mine and that the redacted information was confidential business information irrelevant to the case. The court also found that the redactions would not interfere with the public’s ability to monitor the judicial process or promote confidence in the judicial system.

Rulings

The court granted defendants’ motion to maintain the redacted portions of Exhibits 4–6 under seal, Dkt. No. 369.

The court granted defendants’ earlier motion to seal, Dkt. No. 331, to the extent consistent with the later motion at Dkt. No. 369, and denied it to the extent it sought to seal any other material.

Because defendants did not ask to keep Exhibits 1 or 7 sealed, the court directed the Clerk of Court to unseal those exhibits, filed at Dkt. Nos. 335-1 and 335-7. The court also directed the Clerk to close Dkt. Nos. 331 and 369.

Effect

The order addresses public access to filed exhibits and confidential business information. It does not decide the merits of the securities litigation or the motion to dismiss.