Bizelia v. Clinton Towers Management

Background

The parties submitted a joint letter concerning a discovery pre-conference. They asked for permission to file two exhibits under seal under the case’s protective order and the court’s procedures for sealed filings:

- Exhibit 2: the plaintiffs’ responses and objections to the defendants’ first set of interrogatories. - Exhibit 3: a document produced by the defendants, identified by Bates numbers CT_001235.

The parties had designated both exhibits as confidential under the protective order. They argued that the exhibits included sensitive personal information, including personal email addresses, a personal address, and the names of medical providers. They asserted that disclosure could jeopardize the safety of the people concerned.

Court’s action

The court’s endorsement states: “Application DENIED. See Fed. R. Civ. P. 5.2.” The order therefore denied the request for leave to file Exhibits 2 and 3 under seal. The provided text does not give a separate explanation for the denial beyond that endorsement.

The parties’ filing discussed the reduced presumption of public access that can apply to documents submitted in connection with discovery disputes, as opposed to filings addressing the merits of claims or defenses. That discussion was part of the parties’ request; the endorsement itself denied the application.

Effect

The ruling concerns the handling of two discovery exhibits, not the merits of the underlying claims or defenses. It denied the parties’ sealing application and did not resolve the underlying lawsuit.

The supplied case information identifies Judge John Cronan. However, the provided endorsement is addressed to and signed by Magistrate Judge Ona T. Wang on October 18, 2023, creating a discrepancy in the judge information.