Kirk v. Citigroup Global Markets Holdings Inc.

What the order addressed

The court considered the parties’ email submissions of May 3 and May 4, 2021. It treated the defendant’s submission as a motion to seal and granted that motion.

Sealing and filing requirements

The defendant was ordered to file a redacted version of its submission on the court’s electronic filing system by May 6, 2021. Kirk was ordered to file his submissions under seal by May 10, 2021, with information about the location of defense counsel’s family redacted. The court directed that the submissions be filed in the same order in which they had previously been submitted. The defendant was also ordered to serve Kirk with the order and file proof of service by May 6, 2021.

Conduct restrictions

The court stated that posts referenced in the defendant’s letter were “highly concerning and extremely problematic.” It reiterated that Kirk could not harass the defendant or defense counsel by any means, including Facebook, email, or Yelp, and could not encourage others to do so. The court acknowledged Kirk’s right to free speech but stated that this right did not excuse threats or actions involving harmful online reviews. The order also noted that threatening criminal action to gain an advantage in a civil case was improper and that contacting the defendant directly without copying or notifying counsel was improper.

Potential sanctions

The defendant was granted permission to file a motion for sanctions against Kirk by May 25, 2021. Kirk’s opposition was due June 8, 2021, and the defendant’s reply was due June 15, 2021. The court warned that further harassment could result in sanctions, including dismissal of the case. The order did not itself impose sanctions or dismiss the case.

Classification

This is a procedural order concerning sealing, conduct during litigation, and a possible sanctions motion. It did not decide the underlying claims between Kirk and Citigroup Global Markets Holdings Inc.