Tacon v. Cromwell

Background

Plaintiff William Tacon, as administrator of Caribbean Commercial Investment Bank Ltd., filed a letter motion asking the Court to seal Exhibit D to Tacon’s declaration. The exhibit was submitted with Plaintiff’s opposition to Defendants’ motion to dismiss, which alternatively sought summary judgment. The letter stated that Exhibit D contained a personal financial statement for Defendants Robert Cromwell and Sarit Rozycki, together with a cover letter from their counsel.

Request to Seal

Plaintiff argued that the exhibit contained sensitive personal financial information, including detailed assets and liabilities, that had previously been offered confidentially and could be misused if publicly disclosed. Plaintiff said the request was narrowly limited to the financial statement and cover letter, while other parts of the record would remain available. Plaintiff also said the request was made as a courtesy to the defendants’ privacy interests and that no opposition was expected.

The letter described the legal standard used in the Southern District of New York: the Court considers whether the material is a judicial document, the strength of the presumption of public access, and competing interests such as privacy. Plaintiff acknowledged that an exhibit submitted in opposition to a dispositive motion is a judicial document, but argued that the privacy interests in the financial information outweighed the public’s interest in access to the exhibit’s specific contents.

Ruling

Judge Kenneth M. Karas granted the application “for the reasons noted in this letter.” The Clerk was directed to seal Docket No. 34 and restrict access to that document to the parties and the Court. The Court also directed the Clerk to terminate the pending letter motion to seal, identified as Docket No. 32.

The provided text contains a docket-number discrepancy: the letter identifies the proposed sealed filing as Docket No. 34-4, while the order directs the Clerk to seal Docket No. 34.