Bronx Conservatory of Music, Inc. v. Bronx School for Music, Inc.
- Analisa Torres
- 1:21-cv-01732
- U.S. District Court · Southern District of New York
- 1
Bronx Conservatory v. Bronx School for Music: Judge Moses ordered defendants to justify sealing their filing or put it on the public docket.
The defendants, who must either request permission to keep their answer and counterclaim sealed or refile them publicly; the public’s access to the court filing is also affected.
What happened
In Bronx Conservatory of Music, Inc. v. Bronx School for Music, Inc., the defendants filed an answer and counterclaim under seal without also asking for permission to seal it.
The court ordered the defendants to promptly file a request for a sealing order or refile the documents publicly.
Judge Barbara Moses also cautioned that any sealing must be consistent with the public’s presumptive access to court documents.
The detailed version
- Bronx Conservatory of Music, Inc. v. Bronx School for Music, Inc. · No. 1:21-cv-01732
- Analisa Torres
- May 26, 2021
Background
On May 25, 2021, the defendants filed an answer and counterclaim under seal. The opinion states that they did so without simultaneously filing a letter-motion requesting approval to seal the filing under the court’s individual practices.
Court’s Action
The court ordered the defendants to promptly do one of two things: file a letter-motion requesting a sealing order, or refile the answer and counterclaim on the public docket.
The court cautioned that any sealing of a court filing must be consistent with the presumption that judicial documents are publicly accessible. The order cited Lugosch v. Pyramid Co. of Onondaga for that principle.
Effect
The order concerns whether the defendants’ answer and counterclaim may remain sealed. It does not decide the underlying claims or counterclaims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.