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S.D.N.Y.Procedural orderFiled Feb. 14, 2021

Knopf v. Esposito

Judge
Sarah Netburn
Docket
1:17-cv-05833
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In Knopf v. Esposito, Judge Cote denied the Dorsey Defendants’ motion to redact and placed their unredacted letter on the public docket.

Who this affects

The ruling affected the Dorsey Defendants—Dorsey & Whitney LLP and Nathaniel H. Akerman—by requiring their unredacted letter to be available on the public docket; the text also concerns the plaintiffs’ related protective-order dispute.

What happened

In Knopf v. Esposito, the Dorsey Defendants—Dorsey & Whitney LLP and Nathaniel H. Akerman—asked the court to approve redactions to their response to the plaintiffs’ motion for a protective order and to file it under seal.

The opinion also includes the Dorsey Defendants’ letter opposing the protective-order motion and asking the court to require the plaintiffs to produce documents. The text does not show a ruling on that request to require production.

Judge Denise Cote denied the motion to redact and made the unredacted version of the defendants’ letter available on the public docket.

The detailed version

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

Case
Knopf v. Esposito · No. 1:17-cv-05833
Judge
Sarah Netburn
Date
Feb. 14, 2021

Background

The Dorsey Defendants—Dorsey & Whitney LLP and Nathaniel H. Akerman—asked the court to allow them to redact and file under seal their response to the plaintiffs’ motion for a protective order. The defendants said redaction and sealing were appropriate for reasons addressed in earlier court orders.

The filing also contains the defendants’ response opposing the protective-order motion and their cross-motion to compel production of documents responsive to a request for production. The defendants argued that the plaintiffs’ claims of common-interest privilege and work-product protection did not shield the requested materials. They asked the plaintiffs to produce documents and communications concerning investigations into a January 12, 2016 call and allegations of criminal, civil, or ethical violations.

Ruling

The order states: “The motion to redact is denied.” It further states that the unredacted version of the defendants’ letter was available on the public docket. The text provided does not state that the court ruled on the defendants’ separate request to compel document production.

Classification

This is a procedural order concerning redaction and sealing, rather than a decision on the underlying dispute. The attached letter contains the Dorsey Defendants’ arguments, but those arguments are not themselves the court’s holding.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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