2591028 Ontario Limited v. Advacare Inc.
- Alvin Hellerstein
- 1:20-cv-10876
- U.S. District Court · Southern District of New York
- 17
In 2591028 Ontario Limited v. Advacare Inc., Judge Hellerstein ordered six exhibits sealed from public view.
The parties, their counsel, court personnel, and anyone seeking access to Exhibits A through F of the reply declaration are affected. Public access to those exhibits is restricted; they may be viewed only by the parties and chambers personnel.
What happened
2591028 Ontario Limited d/b/a Focus Global and Advacare Inc. are parties in a federal case involving a discovery dispute. Advacare asked to file six exhibits under seal because Focus Global had marked them confidential under the parties’ protective order.
The exhibits were United States Customs and Border Protection entry summaries and related documents produced by Focus Global. Advacare had asked Focus Global to remove the confidentiality designations, but Focus Global refused, according to Advacare’s filing.
Judge Alvin K. Hellerstein ordered the Clerk to seal Exhibits A through F of the reply declaration. The order says those exhibits may be viewed only by the parties and court chambers personnel; it does not decide the underlying discovery dispute.
The detailed version
- 2591028 Ontario Limited v. Advacare Inc. · No. 1:20-cv-10876
- Alvin Hellerstein
- Mar. 4, 2024
Background
Advacare asked the court for permission to file six exhibits under seal as part of a reply declaration supporting its motion seeking, among other relief, an order compelling Focus Global to provide outstanding discovery. The exhibits consisted of United States Department of Homeland Security, Customs and Border Protection entry summaries and related documents that Focus Global had produced in discovery.
Focus Global had designated the documents confidential under a stipulated confidentiality agreement and protective order entered in the case. Advacare stated that it had asked Focus Global to remove the designations, but Focus Global refused. Advacare therefore sought to file the documents under seal unless and until the court determined that they should not be treated as confidential.
Ruling
Judge Hellerstein ordered the Clerk to seal Exhibits A through F of the reply declaration. The order states that the exhibits are viewable only by the parties and chambers personnel.
What the order did not decide
The text provided addresses the sealing of the six exhibits. It does not state a ruling on the underlying discovery motion, determine whether the confidentiality designations were proper, or resolve the parties’ broader dispute.
Read the full 17-page opinion on CourtListener, the free public archive maintained by the Free Law Project.