Farsura v. QC Terme US Corp

Background

The plaintiffs had filed a motion for permission to amend their complaint and submitted a supporting declaration with exhibits. QC Terme US requested an order sealing Exhibits F, N, P, S, and T to that declaration. QC Terme US stated that it had conferred with the plaintiffs and that the plaintiffs did not oppose sealing the materials.

Request to Seal

QC Terme US argued that the exhibits contained commercially sensitive information. Exhibits F and P included financial information about the QC Terme business, including balance sheets, profit-and-loss statements, future business strategies, and key corporate decisions. Exhibits N, S, and T contained or described contract and payment information, including a loan agreement, a credit agreement, and a bank statement describing a payment to a third party. The letter also stated that the documents had been designated confidential under the protective order and that the plaintiffs had not challenged those designations.

The court’s filing discussed the public’s common-law and First Amendment rights to access certain court documents. It stated that confidential business information, trade secrets, financial information, and contractual terms may justify sealing when the applicable access interests are overcome. QC Terme US also pointed to earlier sealing orders in this case involving similar documents, including some of the same documents.

Ruling

Judge Robert W. Lehrburger granted QC Terme US’s request. The order therefore sealed Exhibits F, N, P, S, and T to the plaintiffs’ supporting declaration.