Feuer v. Lauren M. McFerran

Background

This order concerns the Government’s request to seal materials filed in an employment-discrimination action brought by Elias Feuer, who was representing himself. The Government had previously sought permission to file six exhibits under seal in connection with its motion for summary judgment. The court had denied that earlier sealing motion without prejudice and directed the Government to submit a conforming request after addressing related filings.

Requests

The Government renewed its request to seal Exhibits G, H, I, J, K, and X to the declaration of Rebecca Salk. It stated that the exhibits contained sensitive information about third parties, including observations from sitting administrative law judges concerning resumes, writing samples, work history, and personal character. The Government argued that public disclosure could disadvantage those individuals in future job applications or cause public embarrassment. The filing states that Feuer previously consented to the sealing request.

The Government also asked the court to strike three filings—Docket Nos. 49-1, 62, and 75—because they contained information that was redacted in the sealed exhibits. It requested permission to refile those documents with limited redactions consistent with the sealing request. The court noted that Docket No. 61 also contained information redacted in the sealed exhibits, but stated that the Government had not identified information in that document requiring redaction.

Ruling

Judge Jennifer E. Willis granted the Government’s motion to seal. The court struck Docket Nos. 49-1, 62, and 75 from the docket and granted the Government leave to refile those three documents to conform with its sealing request. The order did not state a ruling on the underlying employment-discrimination claims or the parties’ summary-judgment motions.