Red Rock Sourcing LLC v. JGX, LLC

Background

The plaintiffs, Red Rock Sourcing LLC and Coronado Distributing LLC, were preparing a proposed revised Second Amended Complaint under the Court’s November 29, 2022 order. Some new allegations were based on documents produced by Syd Ghermezian and Defendant Triple Five Worldwide, LLC. Those documents had been marked “Confidential” under a protective order in the case.

The plaintiffs said the documents concerned, among other things, Don Ghermezian’s management of the hand-sanitizer business, the corporate structure of Triple Five entities, CFSB’s involvement in Triple Five Worldwide’s operations, and Triple Five Worldwide’s conduct toward the plaintiffs and public safety. The plaintiffs had objected to some confidentiality designations but requested sealing to avoid disclosing information they said came from or was based solely on the confidential documents.

The Request

The plaintiffs asked to file clean and redline versions of the proposed Second Amended Complaint with the relevant allegations removed from the publicly filed versions. They said unredacted copies would be sent to the Court and counsel. The request concerned the public-access presumption for judicial records and whether countervailing factors justified limiting access.

Court’s Action

Judge John P. Cronan ordered counsel for Defendant Triple Five Worldwide, LLC to submit a letter by December 28, 2022, stating whether any information in the revised Second Amended Complaint should be redacted and explaining why the presumption of public access should be outweighed. The order did not grant or deny the plaintiffs’ request to file the proposed complaint under seal.