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S.D.N.Y.Procedural orderFiled Oct. 30, 2020

In re Foreign Exchange Benchmark Rates Antitrust Litigation

Judge
Lorna Schofield
Docket
1:13-cv-07789
Court
U.S. District Court · Southern District of New York
Pages
17
Civil ProcedureDiscovery
In one sentence

In re Foreign Exchange Benchmark Rates Antitrust Litigation: Judge Schofield granted plaintiffs’ request to redact and seal confidential materials.

Who this affects

The ruling affects the plaintiffs, the parties and individuals listed in Appendix A, and public access to the unredacted documents. The unredacted versions will remain sealed, with access limited to those identified in Appendix A.

What happened

In re Foreign Exchange Benchmark Rates Antitrust Litigation concerns plaintiffs’ request to redact and seal parts of a planned motion seeking international judicial assistance to take testimony overseas.

The court found that sealing was necessary to prevent unauthorized disclosure of confidential business information and sensitive personal information. The unredacted documents will remain sealed, and access is limited to the parties and individuals listed in Appendix A.

Judge Lorna G. Schofield granted plaintiffs’ redaction and sealing requests and ordered plaintiffs to file the motion with the approved redactions by November 4, 2020.

The detailed version

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

Case
In re Foreign Exchange Benchmark Rates Antitrust Litigation · No. 1:13-cv-07789
Judge
Lorna Schofield
Date
Oct. 30, 2020

Background

On October 26, 2020, Plaintiffs filed a motion to seal portions of a forthcoming motion asking the court to issue a request under the Hague Convention for international judicial assistance to take testimony overseas, along with supporting papers.

Court’s Analysis

The court explained that the common-law right of public access to judicial documents is not absolute. Courts must balance competing considerations against the presumption that judicial documents should be available to the public. Applying that standard, the court found that filing the documents in redacted form or under seal was necessary to prevent unauthorized dissemination of confidential business information and sensitive personal information.

Ruling

Judge Lorna G. Schofield ordered that Plaintiffs’ redaction and sealing requests were granted. The unredacted versions of the documents will remain sealed, and only the parties and individuals identified in Appendix A may access them. Plaintiffs were ordered to file the motion with the approved redactions by November 4, 2020.

The authoritative version

Read the full 17-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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