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Contract: Other | New York Eastern
Order(Other)
ORDER: By July 24, 2026, Defendant shall file a letter response to Plaintiffs letter request for a premotion conference 24 , addressing whether discovery is complete such that it is appropriate to commence dispositive motion practice. Additionally, Defendant shall address the Lugosch factors and other relevant case law applicable to Plaintiff's 25 motion for leave to file under seal. "It is not enough for parties to assert that a confidentiality agreement or protective order governing discovery allows for documents or information to be filed under seal." Berlin v. JetBlue Airways, 18-CV-1545 (EK) (LB), 2020 WL 7706488, at *1 (E.D.N.Y. Dec. 29, 2020). "Although it is true that a protective order may provide guidance to the parties regarding what documents it might be appropriate to seal and how such documents should be presented to the Court, the decision to allow documents to be filed under seal in connection with motions and court proceedings is a wholly separate inquiry governed by a different standard." Id. (citation omitted). While there is a general presumption in favor of public access to judicial documents, "[d]ocuments 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." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (setting out the factors that courts must consider in ruling on motions to file under seal). Ordered by Judge Orelia E. Merchant on 7/20/2026. (TSB)
Leave to Electronically File Document under Seal
MOTION for Leave to Electronically File Document under Seal by MFS Investments, LLC. (Attachments: # 1 Rule 56.1 Statement Local Rule 56.1 Statement of Material Facts, Highlighted, # 2 Declaration Declaration of Monica Davis, Highlighted, # 3 Exhibit Exhibit D to Declaration of Monica Davis, # 4 Exhibit Exhibit E to Declaration of Monica Davis, # 5 Exhibit Exhibit F to Declaration of Monica Davis, # 6 Exhibit Exhibit G to Declaration of Monica Davis, # 7 Exhibit Exhibit H to Declaration of Monica Davis, # 8 Exhibit Exhibit I to Declaration of Monica Davis, # 9 Exhibit Exhibit J to Declaration of Monica Davis, # 10 Exhibit Exhibit K to Declaration of Monica Davis) (Muehlmeyer, Justin)
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