Sterling and Wilson Solar Solutions, Inc. v. JPMorgan Chase Bank, N.A.

Background

Sterling and Wilson Solar Solutions, Inc. asked the court to conditionally seal Exhibit A to its complaint and Exhibit B-1 to a declaration filed in support of the case. The exhibits were copies of a third-party engineering, procurement, and construction agreement, some pages of which were marked “CONFIDENTIAL.” The plaintiff stated that it had tried to contact JPMorgan Chase Bank, N.A. about the issue, but that the defendant had not yet retained counsel when the request was filed.

Court’s Analysis

The court determined that the document directly concerned the plaintiff’s request for a temporary restraining order. It therefore qualified as a judicial document, meaning a document filed in court that is subject to a presumptive right of public access. The court concluded that the confidentiality interests asserted did not outweigh the public’s right to access the document in its entirety. It found that redaction, rather than complete sealing, could adequately protect sensitive business information.

Ruling

The court temporarily granted the sealing request. It directed the Clerk of Court to restrict viewing of the documents filed at Docket 1 to the court and the parties. The documents would be unsealed in their entirety by July 7, 2023, if Sterling and Wilson Solar Solutions did not submit a revised request to file a redacted version in accordance with Judge Caproni’s individual practices by that date.