Nextera Energy Marketing, LLC v. Macquarie Energy LLC
- Victor Marrero
- 1:22-cv-01345
- U.S. District Court · Southern District of New York
- 6
In NextEra v. Macquarie, Judge Lehrburger granted Macquarie’s request to keep a discovery motion and exhibit under seal.
Macquarie Energy LLC and NextEra Energy Marketing, LLC; the ruling also limits public access to the identified letter motion and exhibit.
What happened
In NextEra Energy Marketing, LLC v. Macquarie Energy LLC, Macquarie asked the court to keep under seal a letter motion seeking additional review of NextEra’s privilege log and an accompanying exhibit. Macquarie said the filings included deposition testimony marked for attorneys’ eyes only under the parties’ protective order and had been mistakenly filed publicly.
The documents had already been placed under temporary seal. Macquarie requested that the letter motion and exhibit remain sealed and submitted a redacted version of the letter for the public docket.
Judge Robert W. Lehrburger granted the request on May 8, 2024. The text provided does not show a ruling on the underlying request to compel further privilege-log review or document production.
The detailed version
- Nextera Energy Marketing, LLC v. Macquarie Energy LLC · No. 1:22-cv-01345
- Victor Marrero
- May 8, 2024
Background
Macquarie Energy LLC filed a letter motion concerning alleged deficiencies in NextEra Energy Marketing, LLC’s privilege-log review process. The motion sought an order requiring NextEra to re-review approximately 500 non-email documents withheld as privileged and produce any documents that were improperly withheld. The materials included a letter motion, docket number 92, and an exhibit, docket number 92-3.
Macquarie later informed the court that portions of the letter and exhibit contained deposition testimony that the parties had agreed would be designated “ATTORNEYS’ EYES ONLY” under their protective order. Macquarie stated that the materials had been inadvertently filed on the public docket and had since been placed under temporary seal. It asked that both filings remain sealed and attached a redacted version of the letter for public filing.
Ruling
The court granted Macquarie’s request to keep the letter motion and accompanying exhibit under seal. The text provided does not contain a ruling on the underlying discovery dispute concerning NextEra’s privilege log or the requested document production.
Read the full 6-page opinion on CourtListener, the free public archive maintained by the Free Law Project.