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S.D.N.Y.Procedural orderFiled Aug. 28, 2020

Valelly v. Merrill Lynch, Pierce, Fenner & Smith Incorporated

Judge
Valerie Caproni
Docket
1:19-cv-07998
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureEvidence
In one sentence

In Valelly v. Merrill Lynch, Judge Caproni granted in part a joint request to seal account statements, allowing personal information to be redacted.

Who this affects

Sarah Valelly and Merrill Lynch; Exhibits C and D must be publicly filed, with personal information allowed to be redacted, while unredacted copies may be filed under seal.

What happened

Valelly v. Merrill Lynch, Pierce, Fenner & Smith Incorporated involved a joint request by Sarah Valelly and Merrill Lynch concerning two exhibits to a declaration supporting Merrill Lynch’s opposition to Valelly’s request to amend her class-action complaint.

The exhibits were account statements containing account numbers, personal information, and asset information. The parties asked permission to file Exhibits C and D under seal, meaning outside public access.

Judge Valerie Caproni granted the application in part. She ordered Merrill Lynch to file the exhibits publicly, allowed personal information to be redacted, and allowed the unredacted exhibits to be filed under seal.

The detailed version

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

Case
Valelly v. Merrill Lynch, Pierce, Fenner & Smith Incorporated · No. 1:19-cv-07998
Judge
Valerie Caproni
Date
Aug. 28, 2020

Background

Plaintiff Sarah Valelly and Defendant Merrill Lynch, Pierce, Fenner & Smith Incorporated jointly submitted a letter motion concerning Exhibits C and D to the declaration of Paul S. Mishkin. The declaration supported Merrill Lynch’s opposition to Valelly’s motion for leave to amend her class-action complaint.

The exhibits consisted of several of Valelly’s Merrill Lynch account statements. The parties stated that the statements contained her account numbers, personal information, and asset information.

Request

The parties requested permission to file Exhibits C and D under seal, which would restrict public access to the exhibits. They cited the privacy interests associated with confidential financial information.

Ruling

The court’s order states: “Application GRANTED in part.” Defendant must file Exhibits C and D publicly, but may redact personal information. The unredacted exhibits may be filed under seal. Judge Valerie Caproni signed the order on August 28, 2020.

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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