Bergrin v. United States of America
- Vernon Broderick
- 1:19-cv-09681
- U.S. District Court · Southern District of New York
- 2
In Bergrin v. United States, Judge Broderick granted the United States’ request to seal exhibits containing an unrelated person’s sensitive information.
Ronald A. Bergrin, the United States, and the unrelated individual whose presentence investigation report and personal information appeared in the publicly filed exhibits.
What happened
In Bergrin v. United States of America, Ronald A. Bergrin publicly filed exhibits containing part of an unrelated person’s presentence investigation report, which included sensitive personal information.
The United States asked the court to seal the exhibits or, alternatively, require redacted versions that complied with the rule protecting personal identifiers in publicly filed documents. The United States stated that its letter did not waive service defects or constitute a general appearance.
Judge Vernon S. Broderick granted the United States’ request to seal the specified documents. The order did not address the underlying allegations or claims.
The detailed version
- Bergrin v. United States of America · No. 1:19-cv-09681
- Vernon Broderick
- Jan. 6, 2020
Background
Ronald A. Bergrin filed an amended complaint and attached part of a presentence investigation report concerning an individual unrelated to the case. The United States said the report was under seal in another federal court and contained sensitive personal information. The United States also stated that Bergrin had not served it and that the letter was submitted only to protect sensitive information, without waiving service defects or making a general appearance.
The Request
The United States asked the court to seal the documents docketed at Dkt. Nos. 7-5 at 71–72 and 7-6 at 1–2. It argued that presentence reports are generally confidential court documents and that the privacy interests of an innocent third party supported sealing. In the alternative, it asked the court to require Bergrin to file redacted copies complying with Federal Rule of Civil Procedure 5.2, which requires redaction of certain personal identifiers in publicly filed documents.
Ruling
Judge Vernon S. Broderick granted the United States’ request that the specified documents be filed under seal. The order did not rule on the merits of Bergrin’s allegations against members of the judiciary, the Department of Justice, or the Bureau of Prisons, and the supplied text does not state any separate ruling requiring redacted replacements.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.