Ni v. HSBC Bank USA, N.A.

Background The plaintiffs and HSBC jointly asked the court to permit the plaintiffs to redact and refile Exhibit A to the First Amended Complaint. The parties stated that the exhibit contained sensitive, non-public information about HSBC’s business practices, specifically branch-balance information. The parties attached a proposed version of Exhibit A with agreed redactions.

Court’s Analysis The parties relied on the standard for determining whether information filed with a court should remain publicly accessible. That standard balances the public value of disclosure against countervailing considerations, including the privacy interests of those resisting disclosure. The parties also emphasized that Exhibit A was an ancillary document attached to a complaint rather than a substantive document supporting a request for summary judgment. They proposed a minimal amount of redaction.

Ruling Judge Katharine H. Parker stated that the proposed redactions and sealing were proper under the cited standard. The court explained that, because the material was ancillary to the complaint, the presumption of public access was relatively low compared with the interested parties’ privacy interests. The court therefore approved the proposed redactions and sealing and permitted the exhibit to be refiled in redacted form.