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S.D.N.Y.Procedural orderFiled Feb. 19, 2021

Frazier v. Morgan Stanley & Co, LLC

Judge
Richard Sullivan
Docket
1:16-cv-00804
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureDiscovery
In one sentence

In Frazier v. Morgan Stanley, Judge Sullivan required specific court approval before sealing documents and preserved Rule 5.2 redactions.

Who this affects

The parties in Frazier v. Morgan Stanley & Co. LLC and anyone seeking to file documents under seal in this case are affected by the requirement of a further court order. Rule 5.2 redactions expressly authorized by the rule may still be made without another application.

What happened

In Frazier v. Morgan Stanley & Co. LLC, the court issued an addendum to an order granting confidentiality protection to certain materials.

The addendum says that no document may be filed under seal without a further court order addressing the specific documents. It also says that applications to seal must include affidavits and a legal memorandum explaining why sealing is allowed.

Judge Richard J. Sullivan stated that authorized redactions under Federal Rule of Civil Procedure 5.2 may be made without another application to the court. He signed the addendum on February 19, 2021.

The detailed version

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

Case
Frazier v. Morgan Stanley & Co, LLC · No. 1:16-cv-00804
Judge
Richard Sullivan
Date
Feb. 19, 2021

Background

The court issued this addendum as an integral part of an order granting confidentiality protection to certain materials. The opinion does not identify the particular materials covered by that order.

Sealing Requirements

The addendum provides that no document may be filed with the clerk under seal without a further court order addressing the specific documents to be sealed. Any application to seal must include one or more affidavits and a memorandum of law demonstrating that the standards for sealing have been met. The application must specifically address Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir. 2006), and any other controlling authority.

Rule 5.2 and Disposition

The court stated that nothing in the addendum changes the applicability of Federal Rule of Civil Procedure 5.2. Redactions expressly authorized by that rule may be made without another application to the court. Judge Richard J. Sullivan, a United States Circuit Judge sitting by designation, ordered the addendum on February 19, 2021.

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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