Global Gaming Philippines, LLC v. Razon, Jr.

Background

The parties filed cross-motions for summary judgment. In connection with those motions, Defendant Razon moved to file portions of the summary-judgment record under seal, meaning that the materials would not be publicly accessible.

Legal standard

The court applied a three-part test for sealing documents. First, it asked whether the material was a judicial document subject to the presumed right of public access. Second, if that presumption applied, it assessed the presumption’s weight based on the material’s role in the court’s exercise of its authority and its value to people monitoring the federal courts. Third, it balanced the presumption against competing interests. The court explained that sealing requires specific findings showing that closure is essential to preserve a higher value and is narrowly tailored to serve that interest.

The court stated that documents filed in connection with summary-judgment motions are judicial documents and receive a strong presumption of public access. It also recognized that confidential business information, proprietary information, and trade secrets may outweigh that presumption.

Ruling

The defendants sought to seal the 2022 annual revenues of BRHI and SPI, which the opinion calls the “Debtor Defendants,” as well as their cash balance sheets as of May 2022 and December 2022. The court found that this information was confidential and that sealing it was sufficiently narrowly tailored to overcome the strong presumption of public access.

The order states: “Defendant’s motion to file under seal is GRANTED.” The Clerk of Court was directed to close the motions at Docket Numbers 334, 356, 358, and 397. The opinion addresses the sealing motion and does not state the outcome of the parties’ cross-motions for summary judgment.