In Re: LATAM Airlines Group S.A.
- Denise Cote
- 1:22-cv-05660
- U.S. District Court · Southern District of New York
- 2
In re LATAM Airlines Group S.A., Judge Cote was asked to permit redacted appellate filings; the provided text contains no ruling.
The appellant, the members of the Ad Hoc Group of Unsecured Claimants represented by the identified law firm, and the debtors whose confidential information is discussed in the filings could be affected. The provided text does not identify the appellant by name.
What happened
In re LATAM Airlines Group S.A. concerns a July 11, 2022 letter asking the court to allow an appellant to file an opening brief and appendix with redactions. The letter says those materials include information filed under seal or designated confidential in a bankruptcy case.
The letter argues that the information includes private, commercially sensitive details about LATAM’s operations and business and financial transactions. It says public disclosure could cause competitive harm and that the parties’ interest in protecting the information outweighs the usual presumption that court documents are available to the public. The unredacted materials were filed under seal, and the appellant said it would separately seek to have certain appendix exhibits accepted under seal into the appellate record.
The provided text does not contain a ruling on the request. Judge Cote’s decision on whether to permit the redactions or seal the exhibits is therefore unclear from this text.
The detailed version
- In Re: LATAM Airlines Group S.A. · No. 1:22-cv-05660
- Denise Cote
- July 12, 2022
Nature of the Filing
The provided document is a July 11, 2022 letter from counsel asking authorization to file an appellant’s opening brief and appendix in redacted form. The letter identifies the matter as In Re: LATAM Airlines Group S.A., Case No. 1:22-cv-5660-DLC.
Request and Reasons
The letter states that the brief and appendix contain information filed under seal with, or accepted into the record by, the bankruptcy court. The information was designated “Confidential” or “Highly Confidential” under a stipulated protective order in a related bankruptcy case. According to the letter, the protected material includes nonpublic proprietary, technical, business, financial, or personal information, as well as information whose disclosure could create competitive injury.
The letter specifically says the filings discuss nonpublic proprietary and confidential information concerning LATAM’s operations and certain business and financial transactions. It argues that the risk of harm from public disclosure outweighs the presumption of public access to judicial documents. The letter cites Federal Rule of Civil Procedure 26(c)(1)(G) and several decisions concerning protection of confidential business information.
Related Filing
The letter says the full, unredacted versions of the opening brief and appendix were electronically filed under seal. It also states that the appellant would concurrently file a motion asking that certain appendix exhibits be accepted under seal into the appellate record.
Disposition
The provided text is a party’s request, not an order deciding that request. It does not state that the motion was granted, denied, or otherwise resolved. Judge Denise Cote’s ruling is not included in the supplied text.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.