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S.D.N.Y.Procedural orderFiled Feb. 28, 2024

CrossBorder Solutions v. Macias

Judge
Nelson Roman
Docket
7:20-cv-04877
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureIntellectual Property
In one sentence

In CrossBorder Solutions v. Macias, Judge Roman granted CrossBorder’s request to seal two filings containing confidential business and trade-secret information.

Who this affects

The order affects CrossBorder Solutions, Inc. n/k/a Exactera Inc., Cross Border Transactions, LLC d/b/a CrossBorder Solutions n/k/a Exactera LLC, Macias, Gini & O’Connell, LLP, Sanjay Agarwal, the court, and public access to ECF Nos. 346 and 347.

What happened

In CrossBorder Solutions, Inc. n/k/a Exactera Inc. v. Macias, Gini, & OConnell, LLP, CrossBorder asked to file amended reply materials and a supporting declaration under seal. The request concerned ECF Nos. 346 and 347.

CrossBorder said the documents contained confidential information about its profits, costs, clients, renewal rates, customer health notes, trade-secret Master List, and alleged damages. Defense counsel consented to the request. The court considered the public’s general right to access court records and the parties’ privacy interests.

Judge Nelson Roman granted the request. He directed the clerk to place ECF Nos. 346 and 347 under seal, making them accessible only to the court and the parties, and directed the clerk to terminate the motion at ECF No. 354.

The detailed version

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

Case
CrossBorder Solutions v. Macias · No. 7:20-cv-04877
Judge
Nelson Roman
Date
Feb. 28, 2024

Background

CrossBorder Solutions, Inc. n/k/a Exactera Inc. and Cross Border Transactions, LLC d/b/a CrossBorder Solutions n/k/a Exactera LLC asked for permission to file two documents under seal: amended portions of CrossBorder’s reply memorandum supporting its motion for summary judgment (ECF No. 346) and the declaration of Brian L. Beckerman supporting those amendments (ECF No. 347). Defense counsel for Macias, Gini & O’Connell, LLP and Sanjay Agarwal consented to the request.

Sealing Standard

The request addressed the common-law presumption that the public may access judicial documents. The court balanced that presumption against privacy and confidentiality interests. CrossBorder stated that the documents contained nonpublic information about its profits, costs, clients, client-renewal rates, customer health notes, trade-secret Master List, and damages allegedly sustained in connection with the theft of that list. CrossBorder also cited earlier orders in which the court had allowed similar information to be filed under seal.

Ruling

The court granted Plaintiffs’ request to file the identified documents under seal. It directed the clerk to place ECF Nos. 346 and 347 under seal, accessible only to the court and the parties, and directed the clerk to terminate the motion at ECF No. 354. The order did not decide the parties’ underlying trade-secret or summary-judgment dispute.

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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