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S.D.N.Y.Procedural orderFiled Mar. 12, 2020

Boyce v. Weber

Judge
Jesse Furman
Docket
1:19-cv-03825
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

In Boyce v. Weber, Judge Furman temporarily granted the motion to seal materials while reserving a later decision.

Who this affects

The parties in Boyce v. Weber, including Plaintiff and Defendants, and members of the public seeking access to the specified court materials.

What happened

In Boyce v. Weber, the parties jointly asked the court to seal or redact portions of Plaintiff’s responses to Defendants’ summary-judgment and expert-witness motions, along with supporting materials.

The requested materials included expert deposition transcripts, sexually explicit or nude photographs, correspondence about alleged sexual encounters, and medical or testing information. Defendants deferred to Plaintiff’s request for the filing but said they might later challenge the scope of sealing.

Judge Furman temporarily granted the motion to seal. The court said it would decide whether to keep the materials sealed or redacted when resolving the underlying motion, and directed the clerk to terminate the filing identified as ECF No. 90.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Boyce v. Weber · No. 1:19-cv-03825
Judge
Jesse Furman
Date
Mar. 12, 2020

Background

Counsel for the parties jointly asked the court to allow portions of Plaintiff’s responses to Defendants’ motion for summary judgment and motion concerning expert testimony, along with supporting documents, to be filed under seal or with redactions. The request followed an earlier temporary sealing order covering sexually explicit photographs of Plaintiff, correspondence concerning alleged sexual encounters involving Plaintiff and third parties, Plaintiff’s expert report, and the transcript of that expert’s deposition.

Plaintiff additionally sought sealing or redaction of the deposition transcript of Defendants’ expert, Dr. Mills, and nude photographs of third parties. Plaintiff asserted that Dr. Mills’s deposition included highly confidential raw testing data and sensitive medical information concerning Plaintiff and his family. Plaintiff also asserted that the photographs raised significant privacy concerns. Defendants deferred to Plaintiff’s position for the filing, while reserving the possibility of revisiting the scope of sealing later.

Ruling

Judge Furman temporarily granted the motion to seal. The court reserved a final decision on whether the materials should remain sealed or redacted until it decided the underlying motion. The clerk was directed to terminate ECF No. 90. The order did not finally determine the materials’ continued sealing or redaction.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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