CrossBorder Solutions v. Macias

Background

The plaintiffs requested permission to file portions of their opposition brief and Exhibits A through K under seal. The request concerned materials submitted in connection with the plaintiffs’ opposition to the defendants’ motion to partially preclude a declaration. The requested materials included emails, arbitration filings, interrogatories and responses, and CrossBorder’s master client list.

The plaintiffs stated that the materials were designated confidential or highly confidential under the parties’ stipulated confidentiality agreement and protective order. They included non-public information about CrossBorder’s clients, costs, renewal rates, its trade-secret master client list, and the amount of damages it claimed from the theft of that list. The plaintiffs also stated that the defendants consented to the request.

Court’s Analysis

The court applied the common-law presumption favoring public access to judicial documents. It balanced that presumption against competing interests, including the privacy interests of parties resisting disclosure. The court determined that the interests in protecting the confidential and proprietary information outweighed the presumption of public access.

Ruling

Judge Nelson S. Roman granted the plaintiffs’ request to file the identified documents under seal. The court directed the clerk to place ECF Nos. 291, 292, 292-1 through 292-10 under seal, accessible only to the court and the parties. The court also directed the clerk to terminate the motion at ECF No. 290.