JPMorgan Chase Bank, N.A. v. Avara US Holdings LLC

Request

Avara US Holdings, LLC asked the court to seal Exhibits A, B, and C to the declaration of Richard G. Baldwin. Avara said it would file those exhibits in support of its motion to dismiss.

Arguments for sealing

Avara stated that the exhibits were filings sealed in a pending Oklahoma state-court action. According to Avara, the Oklahoma court had sealed 28 filings, including these exhibits, because they contained detailed allegations and evidence concerning confidential finances and business relationships involving Avara Pharmaceutical Technologies, Inc., identified in the letter as Avara’s subsidiary, and other privately held companies. Avara also stated that the Oklahoma order required the materials to remain sealed unless the Oklahoma court later issued an order unsealing them after a sealed motion, opposition, and hearing.

Avara further argued that Second Circuit law permits courts to restrict public access to records containing valuable and secret information that could provide an economic advantage. It maintained that sealing was necessary to protect confidential financial and business information.

JPMorgan’s position

The letter states that JPMorgan did not oppose Avara Norman’s motion to seal the same documents in the Oklahoma action. In this case, JPMorgan reportedly did not object to Avara’s sealing request, but disputed both that the Oklahoma sealing order required sealing in this case and that the exhibits independently satisfied the standard for sealing.

Disposition

The provided text does not contain a ruling by Judge John G. Koeltl. It is a request by Avara’s counsel to seal the exhibits, so no grant or denial of the request is stated.