Alix v. McKinsey & Co., Inc.

Background

Plaintiff Jay Alix submitted a request to file under seal and in redacted form a consolidated memorandum opposing defendants’ motions for dismissal under Federal Rule of Civil Procedure 17. He also asked to seal certain exhibits to a supporting declaration. The publicly filed memorandum would be redacted, while the unredacted memorandum would be filed under seal because it referenced and quoted the exhibits.

The exhibits had been designated confidential under a stipulated protective order entered in the case on January 31, 2024. The request identified three exhibits: excerpts from Jay Alix’s February 27, 2024 deposition; excerpts from Kathy Koorenny’s March 1, 2024 deposition as AlixPartners’ representative under Rule 30(b)(6); and a September 1, 2017 letter from Kathryn Koorenny to Jay Alix concerning the assignment. The letter requesting sealing stated that the materials contained confidential business information involving Alix and AlixPartners, including board discussions, business strategy, negotiations, and communications about the assignment.

The Request

Alix argued that the exhibits were not yet “judicial documents” because they had not been, and might never be, considered by the court in performing its judicial functions. He alternatively argued that confidentiality interests outweighed the public’s interest in disclosure. The request stated that disclosure could reveal sensitive business information and strategies that competitors might exploit, while the public need to review the materials was limited.

Ruling

Judge Jesse M. Furman temporarily granted the motion to seal. The court stated that it would assess whether to keep the documents sealed or redacted when resolving the underlying motion. The Clerk of Court was directed to terminate ECF No. 352. The order did not make a final determination in the quoted text about whether the documents would remain sealed or redacted.