Opinion

US Airways, Inc., for American Airlines, Inc. as Successor and Real Party in Interest v. Sabre Holdings Corporation

Court
District Court, S.D. New York
Filed
Jan 23, 2020
Cited by
0 cases
Authority
More cited than 27.0%

“[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.”

How later courts described this case

  • “[T]he decision as to access is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.”

Written by the judges who cited it.

The opinion

USDC SDNY

UNITED STATES DISTRICT COURT DOCUMENT

SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED

nnn nnn nnn sans aK DOC #:

DATE FILED:_1/23/2020

US AIRWAYS, INC., FOR AMERICAN :

AIRLINES, INC., AS SUCCESSOR AND REAL:

PARTY IN INTEREST, : 11 Civ. 2725 (LGS)

Plaintiff, :

: ORDER

-against- :

SABRE HOLDINGS CORPORATION, ET AL., :

Defendants. :

LORNA G. SCHOFIELD, District Judge:

WHEREAS, by letter emailed to the Chambers inbox, dated January 17, 2020, Plaintiff US

Airways requests permission to file under seal portions of its Fourth Amended Complaint (“FAC”);

WHEREAS, by letter emailed to the Chambers inbox, dated January 17, 2020, Defendants

Sabre request to file under seal Exhibit E to their pre-motion letter proposing a Motion to

Compel. Exhibit E is an excerpt from Plaintiff's expert deposition, which Plaintiff designated as

confidential. Although Defendants submitted the sealing request, they “take[] no position on

whether [the deposition excerpt] justifies sealing,” and Plaintiff in turn has not presented any

justification. It is hereby

ORDERED that US Airway’s request to seal portions of the FAC is GRANTED.

Plaintiff shall file by January 30, 2020: (1) a redacted version of the FAC, consistent with the

proposed highlighted redactions, on the docket and (2) an unredacted version of the FAC under

seal. Although “[t]he common law right of public access to judicial documents is firmly rooted

in our nation’s history,” this right is not absolute, and courts “must balance competing

considerations against” the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435

F.3d 110, 119-20 (2d Cir. 2006) (internal quotation marks omitted); see also Nixon v. Warner

Commce’ns., Inc., 435 U.S. 589, 599 (1978) (“[T]he decision as to access is one best left to the

sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and

circumstances of the particular case.”). The proposed redactions are narrowly tailored to prevent

unauthorized dissemination of sensitive business information. The parties are advised that the

Court retains discretion whether to afford confidential treatment to sealed material in any Court

order or proceeding. It is further

ORDERED that Sabre’s request to file Exhibit E under seal is DENIED, without

prejudice to renewal by US Airways, should US Airways present any justification for sealing.

The confidential designation of a deposition transcript is not a self-evident basis for sealing. A

party must further explain why such material should be sealed. Furthermore, the Individual Rules

provide that “[t]he party with an interest in confidential treatment bears the burden of persuasion.

If this party is not the filing party, the party with an interest in confidential treatment shall

promptly email a letter to the Court explaining why it seeks to have certain documents” sealed

(emphasis added). Sabre has already disclaimed any interest in sealing Exhibit E, so US Airways

has the burden of justifying a sealing request, if any.

Accordingly, unless US Airways makes a further request to seal Exhibit E, by letter to the

Chambers inbox, Sabre shall file its Motion to Compel letter and accompanying exhibits on the

docket by January 30, 2020. US Airways’ letter, responding to the Motion to Compel letter, is

due February 6, 2020.

Dated: January 23, 2020 .

New York, New York

LORNA G. SCHOFIEL

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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