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S.D.N.Y.Procedural orderFiled Sept. 19, 2023

Brunckhorst III v. Bischoff

Judge
John Cronan
Docket
1:21-cv-04362
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Brunckhorst III v. Bischoff, Judge Cronan ordered summary-judgment materials kept sealed and approved redactions.

Who this affects

The parties and non-party who sought sealing, the public versions of the summary-judgment filings, and anyone seeking access to those filings.

What happened

Brunckhorst III v. Bischoff concerns motions to seal or partially redact the parties’ summary-judgment materials. The motions were filed by non-party Robert S. Martin and several parties.

The court found that sealing was justified by confidential business information and private health, financial, and identifying information. It ordered the summary-judgment materials to remain sealed and approved the proposed redactions to the publicly available versions.

Judge Cronan also directed the Clerk of Court to close the docket entries containing the sealing motions. This order addressed access to court filings, not the merits of the summary-judgment dispute.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Brunckhorst III v. Bischoff · No. 1:21-cv-04362
Judge
John Cronan
Date
Sept. 19, 2023

Background

Under an earlier court order, non-party Robert S. Martin, Defendants Susan Stravitz Kemp and Richard Todd Stravitz, Defendant Eric Bischoff, and Plaintiff Frank Brunckhorst III moved to seal or partially redact the parties’ summary-judgment materials. The motions were filed on September 18, 2023.

Court’s Analysis

The court determined that sealing was warranted under Lugosch v. Pyramid Co. of Onondaga and related decisions. The reasons identified by the parties included confidential business information and private personal health, financial, and other identifying information.

Ruling

The court ordered the identified summary-judgment materials to remain under seal and approved the proposed redactions to their publicly accessible versions. It also directed the Clerk of Court to close Docket Numbers 281, 285, 286, and 287. The order did not decide the underlying summary-judgment motions.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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