Sire Spirits, LLC v. Mitchell Green

Background

Sire Spirits submitted a letter asking to temporarily file two sets of Mitchell Green’s monthly retirement-account statements in redacted form. The proposed redactions covered account balances and related information showing dollar amounts or shares held in the accounts. Sire Spirits said Green had designated the documents as confidential and that Green’s counsel had not responded before the filing.

Sire Spirits stated that it expected to file a separate request concerning turnover of Green’s retirement-account contributions made during a period identified under New York Civil Practice Law and Rules § 5205(c)(5). It also argued that the documents should ultimately be publicly filed without redactions because court documents generally carry a presumption of public access. The letter noted that the Court had entered an amended final judgment against Green for $6,283,598.50 plus pre- and post-judgment interest and that Green had put financial statements and net worth at issue in the action.

Ruling

The Court granted Sire Spirits’ request to temporarily file the materials in redacted form. The order did not state that the redactions would remain permanently or resolve whether the documents should ultimately be filed unredacted. The Court directed Green to file a letter stating his position on the redactions by March 15, 2023, and directed the Clerk of Court to close the motion pending at Docket Number 73.

Effect

The retirement-account statements could remain temporarily redacted while Green responded. The order also closed the specified motion on the docket; the opinion text does not explain any further action on the separate turnover request.