Nago v. Bloomberg L.P.
- George Daniels
- 1:19-cv-11483
- U.S. District Court · Southern District of New York
- 4
In Nago v. Bloomberg L.P., Judge Wang denied Damon C. Nago’s request to seal the settled case records because public access outweighed embarrassment and employment concerns.
Damon C. Nago, whose request to restrict public access to the case records was denied; the case records therefore remained publicly accessible.
What happened
Damon C. Nago v. Bloomberg L.P. concerned Nago’s request to seal the records of a case that had settled and been voluntarily dismissed. Nago, who was representing himself, cited embarrassment and concerns about future employment because the case information and documents were publicly accessible.
The court applied the strong presumption that judicial records should remain open to the public. It concluded that the case records were judicial documents and that sealing the entire case file required an extraordinary circumstance or compelling need. The court found that Nago’s concerns about social embarrassment and possible effects on employment did not overcome the presumption of public access.
Ona T. Wang, the United States magistrate judge who signed the order, denied Nago’s letter motion to seal the case records.
The detailed version
- Nago v. Bloomberg L.P. · No. 1:19-cv-11483
- George Daniels
- Apr. 30, 2021
Background
Damon C. Nago, proceeding without a lawyer, asked the court to seal the records of his case against Bloomberg L.P. The case had settled and was voluntarily dismissed on November 5, 2020. Nago said that public access to the case information and documents caused embarrassment and raised concerns about future employment.
Legal standard
Federal judicial documents are presumed to be publicly accessible. Under the Second Circuit’s three-step test, the court first determines whether the materials are judicial documents relevant to the court’s work. It then assesses the strength of the public-access presumption and any First Amendment right of access. Finally, it considers countervailing interests, such as safety, law-enforcement concerns, attorney-client privilege, or the privacy interests of third parties. The party seeking to seal records bears the burden of justification.
Analysis
The court found that the first step was satisfied because sealing the case file would cover pleadings and other documents relevant to the judicial process. The fact that the case had settled did not change that conclusion. Because Nago sought to seal all case records, the presumption of public access carried extraordinarily substantial weight. The court emphasized that the public’s ability to evaluate a case does not end when the case ends.
The court understood Nago’s concerns about social embarrassment and future employment but found them legally insufficient. It concluded that possible harm to a party’s business, social status, professional reputation, or employment does not outweigh the presumption of public access. The court also noted that, even if the motion had been granted, the case’s name and existence would still have remained public.
Disposition
Judge Ona T. Wang denied Nago’s letter motion to seal the case records. The order did not state that the motion was denied with or without prejudice.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.