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S.D.N.Y.Procedural orderFiled Jan. 28, 2021

O'Gorman v. Mercer Kitchen L.L.C.

Judge
Lewis Liman
Docket
1:20-cv-01404
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In O'Gorman v. Mercer Kitchen, Judge Liman kept filings sealed and postponed ruling on amendment until defendants respond.

Who this affects

The parties and the public's access to the specified court filings were affected: the filings will remain under seal, and the defendants were given until February 5, 2021, to oppose the proposed amendment.

What happened

In O'Gorman v. Mercer Kitchen L.L.C., P. O'Gorman asked to file a proposed amended complaint and related materials under seal. The case is in the Southern District of New York.

The court kept the redacted portions of the proposed amended complaint and the motion to amend under seal. It also directed the Clerk to keep docket entries 51 and 60 under seal.

Judge Lewis Liman reserved judgment on whether to allow the amendment and whether the proposed complaint states a valid claim. He directed the defendants to file any opposition by February 5, 2021; otherwise, the court will treat the motion as unopposed and consider it then.

The detailed version

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

Case
O'Gorman v. Mercer Kitchen L.L.C. · No. 1:20-cv-01404
Judge
Lewis Liman
Date
Jan. 28, 2021

Background

P. O'Gorman filed a motion on December 30, 2020, seeking to amend the complaint and to file the proposed amended complaint and related materials under seal. The opinion states that Mercer Hotel Corp. indicated it intended to oppose the motion by January 15, 2021, but had not filed an opposition. Mercer Kitchen L.L.C. and Jean-Georges Management LLC had not responded.

Sealing ruling

The court ordered that the redacted portions of the proposed amended complaint and the motion to file the amended complaint under seal would remain sealed under the standards identified in Lugosch v. Pyramid Co. of Onondaga. The Clerk of Court was directed to keep docket entries 51 and 60 under seal.

Motion to amend

The court expressly reserved judgment on the motion to amend and on whether the proposed amended complaint states a claim for relief. The court directed the defendants to file opposition papers, if any, by February 5, 2021. If they did not do so, the court stated that it would consider the motion unopposed and take it under advisement at that time. The opinion does not decide whether the amendment would be allowed or whether the proposed complaint states a claim.

Disposition

Judge Lewis J. Liman ordered the specified materials kept under seal and set a deadline for any opposition. The order did not grant or deny the motion to amend.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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