The opinion
DOCUMENT
ELECTRONICALLY FILED
UNITED STATES DISTRICT COURT DOC #:
THERN D ee a Ia TAD
SOU ISTRICT OF NEW YORK DATE FILED: 12/1/2023
IN RE ACTOS ANTITRUST LITIGATION
THIS DOCUMENT RELATES TO: Master File No. 1:13-cv-09244 (RA) (SDA)
ALL ACTIONS
ORDER
STEWART D. AARON, United States Magistrate Judge:
Before the Court are three motions to seal documents filed in connection with two Letter
Motions recently decided by the Court. (See Letter Motions, ECF Nos. 558, 559, 567.) It is hereby
Ordered that, no later than December 15, 2023, Defendants shall make a further application as
to the basis for sealing. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir.
2006). The Court notes that “the mere fact that information is subject to a confidentiality
agreement between litigants is not a valid basis to overcome the presumption in favor of public
access to judicial documents.” United States v. Wells Fargo Bank N.A., No. 12-CV-07527 (JMF),
2015 WL 3999074, at *4 (S.D.N.Y. June 30, 2015). Further, although the need to protect attorney-
client privileged communications may defeat the presumption of public access, the Court
questions whether that is the case here, where Defendants have waived privilege in certain
relevant respects. See Pall Corp. v. 3M Purification Inc., 764 F. Supp. 2d 478, 480 (E.D.N.Y. 2011).
SO ORDERED.
Dated: New York, New York
December 1, 2023
STEWART D. AARON
United States Magistrate Judge