Saadeh v. Kagan
- Paul Engelmayer
- 1:20-cv-01945
- U.S. District Court · Southern District of New York
- 2
In Saadeh v. Kagan, Judge Sarah Netburn required discussion before deciding whether to seal the amended complaint, emphasizing public access.
Rafic Saadeh and Michael Kagan, as well as the other parties, were affected by the procedures for reviewing and potentially sealing the amended complaint; public access to the court filing was also at issue.
What happened
In Saadeh v. Kagan, Michael Kagan told the court that Rafic Saadeh’s planned amended complaint would contain confidential discovery material and asked that it be filed under seal.
The court ordered Saadeh to give all parties a copy of the amended complaint on January 21, 2021. The parties then had to discuss what information it contained. The court explained that a complaint is generally available to the public and that confidential discovery information alone does not justify sealing it.
By January 29, 2021, Kagan had to either file a motion asking the court to seal the amended complaint or, if there was no dispute, allow Saadeh to file it without redactions. Magistrate Judge Sarah Netburn issued the order.
The detailed version
- Saadeh v. Kagan · No. 1:20-cv-01945
- Paul Engelmayer
- Jan. 20, 2021
Background
Michael Kagan, acting in his individual capacity, informed the court that Rafic Saadeh’s forthcoming amended complaint would contain confidential discovery material. Kagan asked the court to require Saadeh to file the amended complaint under seal. Saadeh responded with a proposed solution, which the court adopted with some modification.
Court’s analysis
The court ordered Saadeh to provide every party with a copy of the amended complaint on January 21, 2021. The parties were then required to meet and discuss the nature of the information in the complaint.
The court emphasized that a complaint is a judicial document subject to a presumption of public access. Before sealing it or otherwise denying public access, the court must make specific and rigorous findings. The court also stated that the fact that information was produced as confidential during discovery is not, by itself, enough to justify filing the complaint under seal.
Order and effect
By January 29, 2021, Kagan was required either to file a motion asking that the amended complaint be filed under seal or, if there was no dispute, allow Saadeh to file the amended complaint without redaction. The opinion identifies Sarah Netburn as the United States Magistrate Judge who issued this order. The supplied case metadata identifies Paul Engelmayer as the district judge; the record provided does not explain that difference.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.