Farsura v. QC Terme US Corp

Background

The plaintiffs had filed a motion for permission to amend their complaint. QC Terme US and the dismissed Italian defendants filed papers opposing that motion, along with exhibits under seal. They then asked the court to seal Exhibit E to one filing and specified documents associated with another filing.

The moving parties said the documents contained commercially sensitive information, including financial information about the QC Terme business, a proposed business plan, financial projections, anticipated pricing, bank statements, invoices, contracts, loan and credit information, and a legal engagement letter. They also stated that the documents had been designated confidential under the parties’ protective order and that the plaintiffs did not object after being informed of the planned sealing request.

Court’s ruling

The court granted the request to seal all of the listed documents. The opinion explained that documents filed with a court may be subject to a public right of access, but that commercially sensitive business information can justify sealing when the request is appropriately limited. The court’s order concerned whether the documents would be available to the public; it did not resolve the parties’ underlying claims or the motion to amend the complaint.