Underwood v. Lastrada Entertainment Company, Ltd.

Background

Defendants Lastrada Entertainment Company, Ltd., Charles Carter, and Sam Carter asked to file under seal documents produced by non-party Warner Music Group. They said the documents had been designated “Confidential” under the protective order in the case and sought to use them with a forthcoming motion for summary judgment. They filed the request on the electronic docket and also sent it to the judge’s chambers by email.

Legal Standard

The court explained that the First Amendment creates a strong presumption that the public may access pleadings and other judicial documents that have historically been open to the public and that play an important role in the judicial process. That presumption applies to summary-judgment motions and documents relied on in deciding them.

A court may seal or redact such material only after making specific findings on the record that sealing is necessary to protect more important interests, and the sealing must be narrowly tailored to that purpose. A confidentiality agreement or designation does not by itself justify sealing or redacting a document, although it may be relevant to the request.

Filing Requirements and Ruling

The court also required any request to seal or redact a filing to comply with the Southern District of New York’s electronic-filing rules and the court’s individual practices. When a party seeks permission to file a document under seal, the proposed sealed document must be filed under seal at the same time on the electronic docket and electronically linked to the motion to seal.

Judge Denise Cote ordered the defendants to resubmit their request to file the Warner Music Group documents under seal. The renewed request must comply with the court’s electronic-filing rules and individual practices and must include proposed findings supporting the request. The order did not rule on the forthcoming summary-judgment motion.