Suber v. VVP Services, LLC

Background

The order concerned remaining disputes about sealing and proposed redactions to Exhibits 24 and 26. On July 27, 2023, the court directed the parties to respond to those issues. The defendants then submitted a letter proposing redactions and explaining their reasons. Karen M. Suber filed a letter opposing the proposed redactions to Exhibit 24.

Ex Parte Submissions

Suber supported her letter with a declaration submitted ex parte, meaning it was submitted to the court outside the ordinary public filing process and without the usual public access. Her letter also referred to another declaration she had submitted ex parte in 2021. The court stated that ex parte submissions are highly disfavored. It found that Suber had not provided persuasive legal authority or a compelling justification for using that procedure. The court also found that she had not shown countervailing factors sufficient to overcome the strong presumption that the public may access judicial documents.

Ruling

Judge Alison J. Nathan, a United States Circuit Judge sitting by designation, ordered that the court would not consider any document previously submitted by Suber ex parte unless it was properly filed on the public docket no later than August 25, 2023. The court further ordered the defendants to submit any reply by September 1, 2023. The reply must address Suber’s argument that the defendants waived privilege and her objections to the proposed redactions to Exhibit 24. The order did not finally resolve the remaining redaction disputes in the text provided.