Usherson v. Bandshell Artist Management
- Jesse Furman
- 1:19-cv-06368
- U.S. District Court · Southern District of New York
- 1
In Usherson v. Bandshell Artist Management, Judge Furman temporarily sealed sanctions-motion filings and ordered briefing on continued sealing.
The plaintiff, the defendant, and public access to the defendant’s sanctions-motion filings were affected by the temporary sealing order and the required briefing.
What happened
In Usherson v. Bandshell Artist Management, the court temporarily sealed filings connected to the defendant’s motion for sanctions because they concerned confidential mediation negotiations and discussions.
The parties must each file a letter explaining whether, and to what extent, the filings should remain sealed after the defendant files its reply. The court also directed the Clerk to restrict public access to specified filings.
Judge Jesse M. Furman said the court will decide whether to continue sealing the documents when it decides the underlying sanctions motion. The order did not decide that motion.
The detailed version
- Usherson v. Bandshell Artist Management · No. 1:19-cv-06368
- Jesse Furman
- Nov. 20, 2019
Background
The court issued an order concerning filings connected to Bandshell Artist Management’s motion for sanctions. The court cited the need to protect the confidentiality of negotiations and discussions conducted through the court’s mediation program.
What the Court Ordered
The court ordered that the filings related to the sanctions motion be temporarily sealed unless the court later orders otherwise. The Clerk of Court was directed to place ECF Nos. 14–16, 18–19, and 21–24 on “Court View Only.” The defendant was also directed to follow the court’s rules when submitting its reply papers under seal initially.
Within one week after the defendant files its reply, each party must file a letter brief stating its position on whether, and to what extent, the motion filings should remain sealed. The court noted the strong presumption that judicial documents should be publicly accessible.
Disposition
Judge Jesse M. Furman did not decide the sanctions motion in this order. The court stated that it will decide whether to keep the documents sealed when it decides that underlying motion.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.