42 West LLC v. Gould
- Ona Wang
- 1:21-cv-01581
- U.S. District Court · Southern District of New York
- 2
In 42 West LLC v. Gould, Judge Marrero granted 42 West LLC’s request to temporarily seal redacted complaint materials pending Gould’s appearance.
42 West LLC’s complaint and exhibits were authorized to be filed under temporary seal; Alexander S. Gould was identified as the defendant whose appearance and opportunity to address the issue were anticipated.
What happened
42 West LLC asked the court to temporarily seal information redacted from its complaint and exhibits in its case against Alexander S. Gould. The company said the materials concerned publicity services and information it had treated as confidential.
42 West LLC argued that temporary sealing would keep the information private while allowing Gould to appear and address the issue. The request concerned only temporary sealing of the complaint and exhibits referred to in the filing.
Judge Victor Marrero granted the request and authorized 42 West LLC to file the complaint and exhibits under temporary seal.
The detailed version
- 42 West LLC v. Gould · No. 1:21-cv-01581
- Ona Wang
- Feb. 25, 2021
Background
42 West LLC filed a complaint against Alexander S. Gould. In a letter dated February 19, 2021, 42 West LLC requested permission to temporarily seal information redacted from the complaint and its exhibits.
42 West LLC said the complaint described publicity services it had provided to Gould and events that Gould had hired the company to keep confidential. It argued that Gould’s alleged failure to pay for the services and alleged breach of the parties’ agreements excused the company from continuing to keep the information confidential. The company nevertheless sought temporary sealing while Gould appeared in the case and had an opportunity to address disclosure.
Legal standard discussed
The filing stated that the existence of a confidentiality agreement alone does not overcome the public’s presumptive right to access court filings. It also cited the requirement to balance that access right against competing considerations, including the privacy interests of people opposing disclosure.
Ruling
Judge Victor Marrero granted the request. The court authorized 42 West LLC to file the complaint and exhibits referred to in the request under temporary seal. The order did not state that the materials would remain sealed permanently.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.