McKeon Rolling Steel Door Co., Inc. v. U.S. Smoke & Fire Corp.

Background

McKeon Rolling Steel Door Co., Inc. (MRSD) submitted an application seeking attorney fees that the court had previously authorized. The supporting declaration states that MRSD sought $6,597.22 for time spent preparing an earlier filing and attending two conferences on December 2, 2024. The fee materials included billing information for three timekeepers, but portions of the declaration were redacted.

MRSD also asked for permission to file the fee application under seal. It argued that detailed time records could reveal attorney-client communications, attorney work product, legal strategy, and other confidential information. The request stated that the proposed sealing was limited to information implicating those interests. Defense counsel advised that the defendants did not consent.

Legal standard described in the filing

The filing described the common-law presumption that the public may access judicial documents. It also described the three-step analysis used in the Second Circuit: determining whether the material is a judicial document, assessing the strength of the presumption of access, and balancing that presumption against competing interests such as attorney-client privilege, attorney work-product protection, and privacy. The filing cited cases stating that privilege may justify sealing detailed fee records.

Ruling

The court’s order states: “Application granted.” The order therefore granted MRSD’s request to file the fee application under seal. The text provided does not include a separate explanation by the court or specify which particular portions were sealed. Judge Robyn F. Tarnofsky signed the order.