Farsura v. QC Terme US Corp

Background

Stefano Farsura and SF Capital Partners LLC, the plaintiffs, and QC Terme US Corp., the defendant, filed letters requesting permission to move for summary judgment. The opinion also addresses requests by both sides to keep certain materials under seal and later letters dated November 16 and 21, 2022.

Rulings

The court denied the parties’ requests to move for summary judgment as moot, without prejudice, in light of the court’s November 8, 2022 order and Judge Robert W. Lehrburger’s November 21, 2022 order. The defendant’s request to withdraw its request to file a summary-judgment motion was granted as detailed in the order. The defendant’s request to strike the plaintiffs’ request and award costs and attorney’s fees was denied because the defendant had not shown that the plaintiffs’ alleged conduct was clearly in bad faith.

The court denied the plaintiffs’ request to seal ECF No. 201, the defendant’s request to seal ECF No. 204, and the plaintiffs’ request to seal ECF No. 211. The stated reason was that neither side moved within three days of filing to keep the materials under seal. The court also granted the defendant’s request concerning the plaintiffs’ request to unseal ECF No. 213, as set out in the order.

Effect of the Order

Judge Analisa Torres directed the Clerk of Court to terminate the motions at ECF Nos. 200, 201, 204, and 211 and to change the viewing level of ECF Nos. 202, 206, and 213 to public. The opinion is a procedural order addressing motion requests, sealing, public access to filings, and fees; it does not decide the parties’ underlying claims on summary judgment.