City of Providence, Rhode Island v. Bats Global Markets, Inc.

Background

The plaintiffs moved to unseal 372 documents filed in connection with the parties’ briefing on two summary-judgment motions: one based on lack of standing under Article III of the Constitution and one based on preclusion, which concerns whether an issue or claim is barred because of an earlier proceeding. The defendants asked that some documents remain sealed and that others be released only after redactions. The opinion states in the text that the defendants requested continued sealing for 13 documents and partial redactions for 70 documents. A footnote reports different figures from the defendants—14 documents for continued sealing and 74 for partial redactions—and notes that some of those documents did not appear on the plaintiffs’ list.

Access Standard

The court explained that documents submitted for consideration on summary judgment are judicial documents, meaning documents relevant to the court’s exercise of judicial power. They carry a strong presumption of public access under both the common law and the First Amendment. The defendants, as the parties seeking continued secrecy, had the burden of showing that the interests favoring non-access outweighed the interests favoring access.

Ruling

Because the defendants did not oppose unsealing most of the documents identified by the plaintiffs, the court granted the plaintiffs’ motion as to those documents. The court reserved judgment on the remaining documents. It ordered the defendants, no later than January 20, 2022, to file one letter listing the documents from the plaintiffs’ list that could be unsealed in full and another letter identifying the filings still in dispute, their electronic filing numbers, and whether the defendants sought continued sealing or redaction. The court stated that it would then direct the clerk to change the viewing restrictions for documents approved for full unsealing.