Bartzik Rubio v. Morales Lopez

Background

Franco Bartzik Rubio filed a verified complaint and petition seeking the return of a child under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. He later sought permission to obtain discovery. The court granted that request on March 14, 2023, subject to entry of a protective order.

Protective Order

The order covers information produced by Sandra Leticia Morales Lopez or third parties in response to Rubio’s first document request and a subpoena issued to the New York City Department of Education, both dated March 16, 2023. Unless Morales Lopez gives prior written consent or the court orders otherwise, the information may not be furnished, shown, or disclosed to anyone except:

- the parties’ counsel and associated attorneys, paralegals, support staff, and other personnel directly assisting with the case under counsel’s supervision or control, after being advised of their confidentiality obligations; - the court and court personnel; or - another person approved in writing by Morales Lopez or her counsel.

The order states that any party may seek relief from or modification of the order by a properly noticed motion. It also states that the stipulation binds the parties to treat classified documents as confidential, but the court has not reviewed the documents and therefore makes no finding that they are confidential.

Public Access and Sealing

The court declined to authorize filing documents under seal without a prior court order. Any confidentiality or sealing determination must be made through the procedures in the court’s rules and practices, with the presumption that judicial documents are publicly accessible.

Disposition

Judge Jesse Furman entered the protective order. The order governs the handling of specified discovery materials but does not decide the child-return petition, determine whether the documents are confidential, or authorize automatic sealing.