CrossBorder Solutions v. Macias

Background

CrossBorder Solutions, Inc. and Cross Border Transactions, LLC, doing business as CrossBorder Solutions, asked for permission to file Exhibits D and E under seal in connection with their motion to confirm an arbitration award. Exhibit D was a final award issued in the JAMS arbitration on June 29, 2021. Exhibit E was a corrected final award issued on July 30, 2021.

Basis for Sealing

CrossBorder stated that the exhibits contained confidential and proprietary information about its client base, client non-renewal rates attributed to the theft of its trade-secret Master List, and the approximate costs of those outcomes. The exhibits also contained the amount of punitive damages awarded against former defendant Liga Hoy. CrossBorder said that information had been redacted at the request of Hoy and former defendant Jiaxin “Claire” Song.

The request relied on the common-law presumption that judicial documents should generally be accessible to the public, balanced against competing privacy interests. CrossBorder argued that its interest in protecting the confidential information outweighed that presumption. The opinion states that MGO, Sanjay Agarwal, Hoy, and Song had access to unredacted versions of the exhibits. Counsel for MGO and Agarwal and counsel for Hoy consented to the request. Counsel for Song had no objection but stated that he was not currently in contact with Song and therefore could not consent or oppose the request.

Ruling

Judge Nelson S. Roman granted Plaintiffs’ request to file the identified documents under seal. The court directed the Clerk to place ECF Nos. 206-4 and the other identified exhibit under seal, accessible only to the court and the parties to the case. The opinion text does not clearly display the second ECF number. The court also directed the Clerk to terminate the motion at ECF No. 203.