Opinion

In re Foreign Exchange Benchmark Rates Antitrust Litigation

Court
District Court, S.D. New York
Filed
Nov 6, 2020
Cited by
0 cases
Authority
More cited than 27.2%

The opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K

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IN RE FOREIGN EXCHANGE BENCHMARK : 13 Civ. 7789 (LGS)

RATES ANTITRUST LITIGATION :

: ORDER

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LORNA G. SCHOFIELD, District Judge:

WHEREAS, on October 29, 2020, Plaintiffs filed a pre-motion letter in anticipation of a

motion for summary judgment. Dkt. No. 1518.

WHEREAS, on October 29, 2020, Defendant Credit Suisse filed a pre-motion letter in

anticipation of a motion for summary judgment. Dkt. No. 1519.

WHEREAS, on November 5, 2020, Defendant Credit Suisse filed a responsive letter to

Plaintiffs’ pre-motion letter at Docket No. 1518 (Dkt. No. 1538), along with a letter requesting to

redact portions of the November 5, 2020, responsive letter at Docket No. 1538 and to file an

unredacted version of the letter under seal (Dkt. No. 1536).

WHEREAS, on November 5, 2020, Plaintiffs filed a responsive letter to Defendant’s pre-

motion letter at Docket No. 1519 (Dkt. No. 1534), along with a letter requesting to redact

portions of the November 5, 2020, responsive letter at Docket No. 1534 and to file an unredacted

version of the letter under seal (Dkt. No. 1533). It is hereby

ORDERED that, the parties’ motions to seal at Docket Nos. 1533 and 1536 are

GRANTED. The unredacted version of Defendant’s November 5, 2020, responsive letter filed at

Docket No. 1537 will remain sealed, the unredacted version of Plaintiffs’ November 5, 2020

responsive letter filed at Docket No. 1535 will remain sealed and only the parties and individuals

identified in the attached Appendix A will have access. 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 vy. 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) C‘[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.”). Filing the

above-referenced document in redacted form is necessary to prevent the unauthorized

dissemination of confidential information related to non-patties.

The Clerk of Court is respectfully directed to close the motions at Docket Nos. 1533, 1534,

1535, 1536.

Dated: November 6, 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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