Banco Credit Suisse, S.A. v. Helguero Ruiz

Background

Banco Credit Suisse (Mexico), S.A. and Casa de Bolsa Credit Suisse (Mexico) S.A. de C.V. are the petitioners in an action seeking confirmation of a final arbitration award against Rafael Helguero Ruiz. The petitioners attached a copy of the award as Exhibit A to a declaration supporting their petition. The exhibit included Mr. Helguero Ruiz’s home address and telephone number.

Sealing request

The petitioners asked the court to approve redactions of that personal information and to seal ECF No. 5-1, which contained the unredacted exhibit. The request relied on Rule 6 of Judge Ho’s Individual Rules and Practices in Civil Cases. The petitioners stated that the request was made with Mr. Helguero Ruiz’s consent and at his request. They also stated that he had acknowledged service and actual notice, consented to electronic service through his counsel in Mexico, waived any additional personal service required by potentially applicable international agreements, and stipulated that he did not oppose confirmation of the final arbitration award.

Court’s analysis

The court recognized a presumption that judicial documents are available to the public. It nevertheless found that the proposed redactions were narrowly tailored. The court concluded that a home address could be partially redacted under the applicable rule and that a telephone number was traditionally private information, had no bearing on the lawsuit, and could be withheld without prejudicing the public.

Disposition

Judge Dale E. Ho granted the application. The clerk was directed to place ECF No. 5-1 under seal with access limited to the applicable parties, keep ECF No. 11-1 under seal with access limited to the applicable parties, and terminate ECF No. 10.