SM Kids, LLC v. Google LLC
- Lorna Schofield
- 1:18-cv-02637
- U.S. District Court · Southern District of New York
- 2
In SM Kids v. Google, Judge Aaron ordered the parties to justify sealed filings while recognizing the presumption of public access.
The parties, whose sealed filings required justification, and the public’s access to judicial documents.
What happened
SM Kids, LLC sued Google LLC and other defendants in a case involving documents the parties had filed under seal.
The court said the parties’ protective order and court practices required permission to file documents under seal. It identified sealed filings at several docket entries that lacked an accompanying request explaining why sealing was justified.
Magistrate Judge Stewart D. Aaron ordered the parties to file a joint letter by March 26, 2021, explaining the basis for confidential treatment of each document. The court also reminded them that sealing must be narrowly tailored and consistent with public access to judicial documents.
The detailed version
- SM Kids, LLC v. Google LLC · No. 1:18-cv-02637
- Lorna Schofield
- Feb. 24, 2021
Background
SM Kids, LLC, as successor-in-interest to Stelor Productions, LLC, brought this action against Google LLC and other defendants. The parties were subject to a protective order and the court’s individual practices, which required them to seek permission before filing documents under seal.
The parties had filed documents under seal at ECF Nos. 137, 149, 179, 187, 194, 199, 200, and 203 without an accompanying sealing request. During oral argument on February 22, 2021, the defendants indicated that they intended to withdraw the letter motion filed at ECF Nos. 202/203.
Ruling
Magistrate Judge Stewart D. Aaron ordered the parties to file a joint letter by March 26, 2021, stating the specific basis for confidential treatment of each identified document. If the defendants withdrew the letter motion at ECF Nos. 202/203, the joint letter did not need to address that motion.
The court reminded the parties that sealed filings must be narrowly tailored and consistent with the presumption that judicial documents are publicly accessible. It also ordered the parties to follow the individual practices of Judge Lorna Schofield and Judge Aaron, as applicable, for future sealing requests.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.