Vale S.A. v. BSG Resources Limited
- Vernon Broderick
- 1:19-cv-03619
- U.S. District Court · Southern District of New York
- 2
In Vale v. BSG Resources, Judge Broderick granted Vale’s request to file specified motion papers and exhibits under seal because they contained sensitive or confidential information.
Vale S.A., the parties and non-parties whose confidential or sensitive information appeared in the materials, and members of the public seeking access to those court filings.
What happened
In Vale S.A. v. BSG Resources Limited, Vale asked for permission to redact and file under seal papers supporting its motion to compel compliance with discovery requests served on Benjamin (Beny) Steinmetz as BSGR’s alter ego.
Vale said the papers contained sensitive or personal information and information designated confidential by parties that had produced it in separate proceedings. Vale also said the parties had agreed that the materials could be used in this case if they remained under seal.
The court granted Vale’s application. Judge Vernon S. Broderick therefore allowed Vale to file the specified memorandum, declaration, and Exhibits A through D under seal.
The detailed version
- Vale S.A. v. BSG Resources Limited · No. 1:19-cv-03619
- Vernon Broderick
- May 17, 2021
Background
Vale S.A. submitted a letter motion asking permission to redact highlighted portions of, and file under seal, its memorandum supporting a motion to compel compliance with discovery requests served on Benjamin (Beny) Steinmetz as the alter ego of BSG Resources Limited. Vale also sought to seal the supporting declaration of Lisa Vicens and Exhibits A through D.
Arguments and Materials
Vale stated that the filing materials relied on documents and information containing potentially sensitive or personal information, as well as information designated confidential by parties that had produced it in separate proceedings. Vale referred to the need to balance the public’s right of access to court documents against privacy and confidentiality interests. It also stated that a protective order in a related proceeding allowed Vale to use certain confidential materials in connection with its motion if the materials were filed under seal and continued to receive confidential treatment. Vale said the parties had met and conferred and agreed that the documents could be used on that condition.
Ruling
The court’s order states: “APPLICATION GRANTED.” Judge Vernon S. Broderick granted Vale’s application to file the specified memorandum, declaration, and exhibits under seal. The opinion text does not provide a separate written explanation of the judge’s reasoning beyond the granted application and Vale’s supporting letter.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.