Stocking v. Newmark Knight Frank Valuation & Advisory, LLC

Background

Maria Stocking, proceeding without a lawyer, moved for permission to file under seal a letter notifying the court about the alleged loss of electronically stored information relevant to the litigation. Stocking said that a series of cyberattacks beginning February 3, 2025, wiped her physical electronic devices and synchronized cloud storage, eliminating more than four years of communications and documents related to the case.

Stocking said the proposed letter described alleged cyber harassment involving her electronic filing email account, compromised accounts, forensic findings, intrusion methods, and containment and recovery efforts. She said the affected materials included cloud archives, two personal computers, mobile phones, and multiple USB drives. She also said that public disclosure could risk further breaches, expose unresolved security vulnerabilities, and interfere with efforts to obtain digital evidence from third parties.

Motion and ruling

Stocking relied on Federal Rule of Civil Procedure 37(c), the court’s electronic filing rules, and the standard described in Lugosch v. Pyramid Co. of Onondaga. She argued that the sensitive security and evidence-related information justified sealing. The opinion text states that the request to file the letter under seal was granted. It also directs the Clerk of Court to change access to sealed Letter 205, but the available text ends before specifying the resulting access level.

Judge Edgardo Ramos did not, in this order, decide whether the alleged cyberattacks occurred, whether evidence was lost, whether Stocking violated a discovery obligation, or the merits of the underlying case.