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S.D.N.Y.Procedural orderFiled Mar. 31, 2022

In re ACTOS Antitrust Litigation

Judge
Ronnie Abrams
Docket
1:13-cv-09244
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureDiscovery
In one sentence

In re ACTOS Antitrust Litigation: Judge Abrams granted the parties’ application to keep documents sealed because they contain confidential commercial information.

Who this affects

The plaintiffs, defendants, and members of the public seeking access to the attached court documents are affected. The documents remain sealed to protect confidential commercial information.

What happened

In In re ACTOS Antitrust Litigation, the plaintiffs filed a reply supporting their motion to compel and attached documents that had been sealed under the case’s protective order. The defendants said the documents contained confidential commercial information.

The plaintiffs did not oppose keeping the documents sealed. The court considered the public’s presumed right to access court records and the defendants’ interest in protecting confidential commercial information.

Judge Ronnie Abrams granted the application and ordered that the documents remain sealed because the defendants’ interest outweighed the presumption of public access.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
In re ACTOS Antitrust Litigation · No. 1:13-cv-09244
Judge
Ronnie Abrams
Date
Mar. 31, 2022

Background

On March 28, 2022, the plaintiffs filed a reply brief supporting their motion to compel. The reply attached documents filed under seal because the defendants had designated them confidential under a protective order entered in the case.

The defendants asked the court to keep the documents sealed, stating that they contained confidential commercial information. The plaintiffs did not oppose that request.

Ruling

The court granted the application to maintain the documents under seal. Applying the public-access standard discussed in Lugosch v. Pyramid Co., the court found that the defendants’ interest in protecting confidential commercial information outweighed the presumption that court records should be publicly accessible.

Effect

The attached documents remain sealed. The order addressed access to those documents and did not decide the parties’ underlying motion to compel or the merits of the antitrust litigation.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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