City of Providence, Rhode Island v. Bats Global Markets, Inc.
- Jesse Furman
- 1:14-cv-02811
- U.S. District Court · Southern District of New York
- 2
In City of Providence v. Bats Global Markets, Judge Furman treated journalist Francine McKenna’s letter as a motion to intervene over sealed filings and set deadlines.
Francine McKenna, the plaintiffs, and the defendants in the case, as well as members of the press or public seeking access to sealed filings.
What happened
In City of Providence, Rhode Island v. Bats Global Markets, Inc., journalist Francine McKenna asked the court to make certain temporarily confidential filings public.
Because McKenna appeared to be proceeding without a lawyer, the court treated her letter as a motion to intervene under Rule 24(b) so she could challenge the temporary sealing orders. The court also required the plaintiffs to update their list of filings they wanted made public.
Judge Jesse M. Furman set January 18, 2022, as the deadline for opposition to McKenna’s motion and January 12, 2022, as the deadline for the plaintiffs’ updated filing list. The order did not decide whether the documents would be unsealed.
The detailed version
- City of Providence, Rhode Island v. Bats Global Markets, Inc. · No. 1:14-cv-02811
- Jesse Furman
- Jan. 10, 2022
Background
Francine McKenna, described as an independent journalist, sent the court a letter asking it to remove temporary confidential treatment from certain documents filed in the case. The court explained that members of the press or public seeking access to sealed judicial documents must first file a motion to intervene. Intervention is a procedural step that allows a nonparty to participate for the limited purpose of seeking access to sealed materials.
Court’s Action
Because McKenna appeared to be proceeding without a lawyer, the court construed her letter as a motion to intervene under Federal Rule of Civil Procedure 24(b) for purposes of challenging the court’s temporary sealing orders. The court directed that any opposition to her motion to intervene and unseal be filed by January 18, 2022.
The court separately ordered the plaintiffs, by January 12, 2022, to file an amended list of the filings they sought to make public. The amended list had to add the electronic filing number for each relevant filing to an existing table. The clerk was directed to mail McKenna a copy of the order.
Disposition and Scope
The order set the procedure and deadlines for addressing McKenna’s request. It did not state that intervention was granted or denied, and it did not decide whether any sealed documents would be unsealed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.