Shim v. Luxary Asset Capital, LLC

Background

Plaintiff Junsub Shim, through counsel, submitted a letter motion seeking permission to file a redacted amended complaint and attached exhibits under seal. The proposed redactions covered confidential information about the purchase of artwork and personal information.

The materials included an agreement of sale containing the purchase price, an invoice containing the purchase price and Carmichael Gallery, LLC’s bank-account information, a wire-transfer confirmation containing the purchase price, and an artwork registration card and Shim’s passport containing personal information. The amended complaint also contained information about the artwork’s purchase price.

Shim stated that the agreement required confidentiality regarding the transaction and purchase price. The motion also asserted that public disclosure could harm the parties’ ability to negotiate a future sale of the artwork and that disclosure of personal information would harm the parties by making it available to third parties. Shim further stated that Judge Valerie E. Caproni had previously permitted redaction of the same types of information in a related proceeding.

Court’s Ruling

Judge Cronan denied the request to file the amended complaint and exhibits under seal without prejudice. The court stated that the letter did not specifically address Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), as required by Individual Civil Rule 4(B)(ii).

The plaintiff may refile the request on or before January 21, 2025. The Clerk of Court was directed to close Docket Number 4. The order did not decide the underlying claims in the case.