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S.D.N.Y.Procedural orderFiled Jan. 26, 2023

CrossBorder Solutions v. Macias

Judge
Nelson Roman
Docket
7:20-cv-04877
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureSummary Judgment
In one sentence

In CrossBorder Solutions v. Macias, Judge Roman granted Defendants’ request to file specified documents under seal.

Who this affects

Defendants Macias, Gini, O'Connell, LLP and Sanjay Agarwal were permitted to file the identified materials under seal, limiting public access to those materials; CrossBorder consented to the request.

What happened

CrossBorder Solutions, Inc. n/k/a Exactera Inc. v. Macias, Gini, O'Connell, LLP concerns Defendants’ request to file certain documents privately in connection with their summary-judgment motion. The request relied on the parties’ confidentiality agreement and protective order.

Defendants sought to seal parts of their legal brief, references to exhibits, and several exhibits containing information marked confidential or highly confidential. The requested materials included business information about CrossBorder’s Master List and excerpts from a deposition. CrossBorder consented to the request.

Judge Nelson S. Roman granted Defendants’ request to file the identified documents under seal as described in their letter. The court directed the clerk to close the sealing motion on the docket.

The detailed version

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

Case
CrossBorder Solutions v. Macias · No. 7:20-cv-04877
Judge
Nelson Roman
Date
Jan. 26, 2023

Background

Defendants Macias, Gini, O'Connell, LLP ("MGO") and Sanjay Agarwal asked for permission to file specified documents under seal in connection with their reply supporting a motion for summary judgment. They relied on the parties’ Stipulated Confidentiality Agreement and Protective Order dated September 29, 2020. The sealing request was filed as ECF No. 263.

Requested Sealing

The requested materials included portions of Defendants’ memorandum supporting summary judgment, references to exhibits that Defendants or Plaintiffs had requested to be sealed, and three exhibits to a supporting declaration. The listed exhibits included documents produced by CrossBorder marked “HIGHLY CONFIDENTIAL” and excerpts from the June 15, 2022 deposition of Sevine Aydemir marked “HIGHLY CONFIDENTIAL.”

Defendants argued that the materials contained confidential business information, including information about the security of CrossBorder’s Master List, or had been marked “Confidential” or “Highly Confidential” by the parties or former defendants Hoy and Song. Defendants asserted that disclosure could cause competitive harm. Counsel for Plaintiffs consented to the request.

Ruling

Judge Nelson S. Roman granted Defendants’ request to file the documents identified in their letter under seal in the described manner. The court directed the clerk to terminate the motion at ECF No. 263. The opinion does not itself reproduce the documents or provide a separate ruling on the underlying summary-judgment motion; it rules only on the request to seal.

Disposition

The sealing request was granted.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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