Max v. Urbach Lissner
- Valerie Caproni
- 1:22-cv-05070
- U.S. District Court · Southern District of New York
- 1
In Max v. Urbach Lissner, Judge Caproni denied sealing, required public refiling, and stayed discovery pending the dismissal motion.
Libra Max and Barbara H. Urbach Lissner; discovery in their case is stayed, and the defendant must publicly re-file her motion to dismiss unless particular documents are separately approved for sealing.
What happened
In Max v. Urbach Lissner, the parties appeared for an initial pretrial conference on August 26, 2022. The opinion does not state the reasons given at that conference.
The court denied Defendant Barbara H. Urbach Lissner’s motion to seal at docket entry 12 and ordered her to re-file her motion to dismiss on the public docket. The court allowed her to separately request sealing for particular documents by September 2, 2022, with Plaintiff Libra Max’s response due September 9, 2022, if any.
Judge Valerie Caproni also stayed discovery while the court considers the motion to dismiss and directed the Clerk of Court to terminate the open sealing motion. The order did not decide the motion to dismiss or the underlying claims.
The detailed version
- Max v. Urbach Lissner · No. 1:22-cv-05070
- Valerie Caproni
- Aug. 26, 2022
What the Court Addressed
The parties appeared for an initial pretrial conference. The opinion says the court denied the defendant’s motion to seal at docket entry 12 for the reasons stated at the conference, but it does not describe those reasons.
Orders on Sealing and the Motion to Dismiss
The court ordered Defendant Barbara H. Urbach Lissner to re-file her motion to dismiss, identified at docket entries 14–17 and 32–33, on the public docket. The court further ordered that, if the defendant believed particular documents filed with the motion to dismiss should remain sealed and that sealing would be permissible under the standard discussed in Lugosch v. Pyramid Co. of Onondaga, she had to file an appropriate letter-motion to seal those documents by September 2, 2022. Plaintiff Libra Max’s response, if any, was due September 9, 2022.
Discovery and Disposition
The court stayed discovery pending resolution of the defendant’s motion to dismiss. It also directed the Clerk of Court to terminate the open motion at docket entry 12. This order addressed sealing and case-management matters; it did not rule on the motion to dismiss or the merits of the parties’ underlying dispute.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.