Mercer v. VIACOMCBS/PARAMOUNT

Background

Defendant ViacomCBS/Paramount, now known as Paramount Global, asked the court to accept redacted versions of its reply memorandum supporting its motion to dismiss and two exhibits. The materials included a work-from-home request completed by Plaintiff Amirah Mercer’s medical provider and an email discussing information shared by the provider. The defendant stated that the materials could contain Mercer’s personal medical information. Mercer was proceeding without a lawyer.

Court’s Analysis

The court recognized a common-law right of public access to judicial documents but explained that the right is not absolute. Courts must balance that presumption against competing considerations. The court found that medical records carry a strong privacy interest in confidentiality and concluded that redacted versions of the reply and Exhibits 1 and 3 were appropriate, with unredacted versions filed under seal.

Ruling

The court granted the defendant’s request. It directed the clerk to close the motion at Docket No. 57 and maintain Docket Nos. 59 and 60 under seal. The clerk was directed to allow access to the sealed materials to the people listed in Exhibit A: Mercer, the defendant, Marjorie Kulak, and counsel for the defendant. The clerk was also directed to mail the order and specified docket materials to Mercer. This order addressed filing access and confidentiality; it did not rule on the motion to dismiss or the merits of the underlying dispute.