CrossBorder Solutions v. Macias

Background

Plaintiffs CrossBorder Solutions, Inc. and Cross Border Transactions, LLC, doing business as CrossBorder Solutions, requested permission to file documents under seal. The request concerned plaintiffs’ response to defendants’ request for a pre-motion conference about partially excluding Stephanie Israel’s declaration submitted in support of CrossBorder’s motion for partial summary judgment.

The materials plaintiffs sought to seal included their response and exhibits from a JAMS arbitration: a March 5, 2021 letter, CrossBorder’s April 12, 2021 brief on damages, and Stephanie Israel’s declaration supporting that brief. Plaintiffs said the documents were designated confidential under the parties’ September 29, 2020 stipulated confidentiality agreement and protective order. Plaintiffs also stated that the documents contained confidential and proprietary nonpublic information about CrossBorder’s clients, costs, renewal rates, and the substance and safeguards surrounding the trade-secret Master List at issue in the case. Defendants Macias, Gini & O’Connell, LLP and Sanjay Agarwal consented to the request.

Legal standard

The request addressed the common-law presumption that the public may access judicial documents. The court considered that presumption against competing privacy interests, including the parties’ interest in protecting confidential information. The request also noted that courts commonly allow sealing for documents containing trade secrets and confidential business information such as research, marketing, revenue, and pricing information.

Ruling

Judge Nelson S. Roman granted plaintiffs’ request to file the identified documents under seal. He directed the clerk to place ECF Nos. 282, 282-1, 282-2, and 282-3 under seal, accessible only to the court and the parties. He also directed the clerk to terminate the motion at ECF No. 281. The opinion does not state that the case itself was dismissed or otherwise resolved on the merits.