ESPN Enterprises, Inc. v. DISH Network L.L.C.
- Subramanian
- 1:25-cv-07169
- U.S. District Court · Southern District of New York
- 3
In ESPN v. DISH, Judge Subramanian granted Plaintiffs’ request to seal specified business information and file some supporting papers in redacted form.
ESPN Enterprises, Inc. and DISH Network L.L.C.; the ruling limits public access to specified portions of the preliminary-injunction filings and exhibits.
What happened
In ESPN Enterprises, Inc. v. DISH Network L.L.C., the plaintiffs asked to keep parts of their preliminary-injunction motion and supporting declarations from public view. They also asked to seal exhibits containing licensing agreements, negotiation materials, correspondence, and a payment report.
The plaintiffs said the materials contained confidential licensing terms, financial information, business strategies, and negotiation details. They argued that disclosure could cause competitive harm, and DISH consented to sealing material covered by the protective order.
The court applied the Second Circuit’s standards for balancing public access against confidentiality concerns and granted the letter-motion. Judge Arun Subramanian also directed the Clerk of Court to terminate the motion at docket entry 25.
The detailed version
- ESPN Enterprises, Inc. v. DISH Network L.L.C. · No. 1:25-cv-07169
- Subramanian
- Sept. 12, 2025
Background
Plaintiffs asked for permission to file portions of their motion for a preliminary injunction and supporting declarations in redacted form and to file certain exhibits under seal. The requested materials concerned the terms and negotiations of licensing agreements with DISH and other distributors, plaintiffs’ financial information and business strategies, communications about the licensing agreement, and a payment report from DISH to ESPN.
Plaintiffs argued that disclosure could cause competitive harm by revealing confidential commercial agreements, negotiation details, internal investment and advertising analysis, financial information, and payment mechanisms. They also stated that they were contractually required to keep the terms of some agreements confidential. DISH consented to sealing material covered by the protective order.
Court’s Analysis
The court stated that it considered the factors identified by the United States Court of Appeals for the Second Circuit in Lugosch v. Pyramid Co. of Onondaga. Those factors require consideration of the public’s presumptive right to access judicial documents and competing interests, including the protection of sensitive commercial information.
Ruling
The court granted the letter-motion to seal portions of plaintiffs’ motion for a preliminary injunction, papers supporting that motion, and certain attached exhibits. The court directed the Clerk of Court to terminate the letter-motion at docket entry 25. The order does not separately describe the disposition of each requested document beyond granting the letter-motion.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.