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Contant v. Bank of America Corporation, 17 Civ. 3139 (LGS). (2019)

Court: District Court, S.D. New York Number: infdco20191224c13 Visitors: 3
Filed: Dec. 23, 2019
Latest Update: Dec. 23, 2019
Summary: ORDER LORNA G. SCHOFIELD , District Judge . WHEREAS, in a letter to Chambers dated December 20, 2019, Plaintiffs request that the Third Consolidated Class Action Complaint be filed in redacted form on ECF. It is hereby ORDERED that the request to file the pre-motion letter with redactions is DENIED. Plaintiffs' letter included a statement from Defendants, asserting that "[c]ertain descriptions and excerpts that Plaintiffs include in their Third Consolidated Class Action Complaint are t
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ORDER

WHEREAS, in a letter to Chambers dated December 20, 2019, Plaintiffs request that the Third Consolidated Class Action Complaint be filed in redacted form on ECF. It is hereby

ORDERED that the request to file the pre-motion letter with redactions is DENIED. Plaintiffs' letter included a statement from Defendants, asserting that "[c]ertain descriptions and excerpts that Plaintiffs include in their Third Consolidated Class Action Complaint are taken from documents that have been designated as Confidential or Highly Confidential under the Stipulation and Order of Confidentiality." This reason does not overcome the common law presumption of access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). Defendants' statement also asserts that the "these descriptions and excerpts are taken from documents that contain information as to which applicable foreign data privacy and/or bank-secrecy laws may require the equivalent of Confidential or Highly Confidential treatment," but Defendants fail to explain how the list of foreign data privacy and/or bank-secrecy laws apply to the broad redactions proposed. "Documents may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest." Id. at 120. It is further

ORDERED that by January 10, 2020, Plaintiffs shall renew the motion for leave to file with redactions, providing proposed redactions and an explanation from Defendants as to why each requested redaction contains information that should not be publicly disclosed.

Source:  Leagle

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