loanDepot.com, LLC v. CrossCountry Mortgage, LLC
- Sarah Cave
- 1:22-cv-05971
- U.S. District Court · Southern District of New York
- 2
In loanDepot.com v. CrossCountry Mortgage, Judge Cave granted CrossCountry’s motion to seal redacted borrower information and ordered related filings unsealed.
CrossCountry Mortgage, LLC, loanDepot.com, LLC, the non-party borrowers and prospective borrowers whose names appeared in the exhibit, and members of the public seeking access to the filings.
What happened
In loanDepot.com, LLC v. CrossCountry Mortgage, LLC, CrossCountry asked to seal redacted portions of an exhibit supporting its response to loanDepot’s request for a conference about discovery disputes.
The exhibit contained first and/or last names of non-party borrowers or prospective borrowers that had been used as discovery search terms. CrossCountry argued that these individuals’ privacy interests supported keeping the information from public view.
Judge Sarah L. Cave granted the letter-motion. She directed the Clerk to seal ECF No. 270-1 for viewing only by selected parties, make ECF Nos. 270 and 270-2 through 270-3 public, and close ECF No. 266.
The detailed version
- loanDepot.com, LLC v. CrossCountry Mortgage, LLC · No. 1:22-cv-05971
- Sarah Cave
- Mar. 13, 2023
Background
CrossCountry Mortgage, LLC asked for permission to file redacted portions of Exhibit A under seal. The exhibit supported CrossCountry’s response to loanDepot.com, LLC’s request for a pre-motion conference concerning discovery disputes.
CrossCountry stated that Exhibit A contained the first and/or last names of non-party borrowers or prospective borrowers used as search terms during discovery. It argued that these individuals’ privacy interests favored keeping the information redacted and under seal.
Court’s Analysis
The court recognized a general presumption that judicial documents are available to the public. It treated Exhibit A as a judicial document because it had been filed in support of the pre-motion letter. The court then considered the privacy interests of non-party individuals whose information was not necessary to decide the discovery-related matter.
Ruling
Judge Sarah L. Cave granted CrossCountry’s letter-motion seeking to file the redacted portions of Exhibit A under seal. The Clerk was directed to seal ECF No. 270-1, which would remain visible only to selected parties; unseal ECF Nos. 270 and 270-2 through 270-3, making them viewable to the public; and close ECF No. 266.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.