CrossBorder Solutions v. Macias

Nature of the Order

This was an order on Plaintiffs CrossBorder Solutions, Inc. and Cross Border Transactions, LLC d/b/a CrossBorder Solutions’ request for permission to file specified documents under seal. The order did not decide the parties’ summary-judgment motions or the underlying dispute.

Documents at Issue

The request covered Plaintiffs’ reply brief, opposition brief, and responses to Defendants’ statement of undisputed material facts, along with specified exhibits. The materials included excerpts of CrossBorder’s trade-secret Master List; deposition excerpts; a stipulation; documents submitted in an arbitration; a declaration; and an email.

Court’s Analysis

The court considered the presumption that judicial documents should generally be available to the public and weighed that presumption against privacy and confidentiality interests. The court found that the documents contained confidential and proprietary non-public information, including information about CrossBorder’s clients, costs, renewal rates, customer preferences, pricing, and the substance and safeguards of the trade-secret Master List. The court concluded that the parties’ interests in protecting this information overcame the presumption of public access. Defendants Macias, Gini & O’Connell, LLP and Sanjay Agarwal consented to 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. 259, 260, 261, 262, 262-1, 262-2, 262-3, 262-4, 262-5, 262-6, 262-7, 262-8, and 262-9 under seal, accessible only to the court and the parties. The court also directed the Clerk to terminate the motion at ECF No. 274.