Rossbach v. Montefiore Medical Center

Background

On April 16, 2021, Andrea Rossbach filed a motion to seal a rebuttal expert report and related documents. The documents related to the defendants’ request for permission to seek dismissal and sanctions based on their allegation that certain documentary evidence Rossbach produced during the action had been fabricated. Rossbach also sent the documents to the judge’s chambers by email. Her motion did not identify a basis for sealing.

Public access and filing requirements

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 court proceedings. That presumption applies to pretrial motions and written materials submitted with them. A court may seal such material only after making specific findings that sealing is necessary to protect more important interests and narrowly limiting the sealing order to that purpose.

The court also stated that a request to seal or redact a filing must comply with the Southern District of New York’s electronic-filing rules and instructions and the judge’s individual practices. A party seeking permission to file a document under seal must file the proposed sealed document under seal at the same time and electronically link it to the sealing motion. The party must also include in a publicly filed letter the proposed findings supporting the request.

Order

The court ordered Rossbach to resubmit her motion to seal by April 20, 2021, at 12:00 p.m. The resubmitted request had to comply with the district’s electronic-filing rules and the judge’s individual practices and include proposed findings supporting the request. The opinion does not state that the court granted or denied the sealing request itself.