PDV USA, Inc. v. Interamerican Consulting Inc.

Background

Interamerican Consulting Inc. asked the court for permission to keep Exhibits E, F, and G to PDV USA’s letter motion to compel under seal. The request relied on a protective order and the court’s rules governing redactions and sealed filings.

Interamerican argued that the exhibits contained confidential business information and legal strategies belonging to Interamerican and David Rivera. It also identified draft documents, attorneys’ mental impressions relating to the contract at issue, and confidential banking information.

Legal standard

The court applied the common-law presumption of public access to judicial documents. Under that standard, the court first considers how closely the material relates to the exercise of judicial power and then balances public access against competing interests, including privacy and the need to protect confidential information.

Ruling

The court stated that the exhibits generally did not satisfy the applicable standards for sealing. Although the motion to compel was toward the lower end of the spectrum of judicial filings and the materials included communications with an attorney, the documents showed on their face that the communications had been disclosed to Ms. Neufer, a third party.

The court denied Interamerican’s request except to the extent that PDV may maintain under seal the last four digits of any financial account. Judge Robert W. Lehrburger entered the order on May 22, 2024.