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S.D.N.Y.Procedural orderFiled Nov. 18, 2022

City of Almaty, Kazahkstan v. Mukhtar Ablyazov

Judge
John Koeltl
Docket
1:15-cv-05345
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscoveryEvidence
In one sentence

In City of Almaty, Kazakhstan v. Mukhtar Ablyazov, Judge Koeltl granted Triadou’s request to keep specified witness materials under seal.

Who this affects

Triadou SPV S.A., BTA, non-party witness Cesare Cerrito, and the public’s access to the specified court materials.

What happened

In City of Almaty, Kazakhstan v. Mukhtar Ablyazov, Triadou asked the court to seal an affidavit from non-party witness Cesare Cerrito and related references in a brief opposing BTA’s request to exclude Cerrito’s deposition testimony.

Triadou also asked that Exhibits A and B to Matthew L. Schwartz’s declaration remain sealed because the deposition materials included confidential and sensitive information, including information about non-parties. Triadou said it would file a redacted public version of the brief and proposed narrowly tailored redactions.

Judge John G. Koeltl granted the application. The text does not provide additional reasoning or specify separate conditions for the sealing order.

The detailed version

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

Case
City of Almaty, Kazahkstan v. Mukhtar Ablyazov · No. 1:15-cv-05345
Judge
John Koeltl
Date
Nov. 18, 2022

Background

Triadou SPV S.A. asked the court to seal an affidavit by Cesare Cerrito, a non-party witness, and references to that affidavit in Triadou’s memorandum opposing BTA’s motion in limine number 6. That motion sought to prevent the admission of Cerrito’s deposition testimony. Triadou said the affidavit contained confidential and personal information that Cerrito provided to explain why he could not attend trial, and that Cerrito described potential prejudice from public disclosure.

Triadou also requested that Exhibits A and B to the November 14, 2022 declaration of Matthew L. Schwartz remain completely under seal. The exhibits concerned Cerrito’s testimony. Triadou stated that some portions could be filed publicly but that other portions contained confidential and sensitive information, including information about non-parties. Triadou also said it did not seek to admit the entire transcript and that it was uncertain which testimony would be admitted at trial.

Ruling

The filing states “APPLICATION GRANTED” and “SO ORDERED.” The court therefore granted Triadou’s application to file the Cerrito affidavit and related materials under seal and to keep Exhibits A and B under seal at that time. Triadou represented that it would publicly file a redacted version of its opposition brief and proposed narrowly tailored redactions. The text does not include a separate explanation of the court’s reasoning or additional sealing conditions.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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