“Courts Should Not Permit Parties to Yada, Yada, Yada Their Way” to Sealing a Document
From Judge Joshua D. Wolson’s opinion yesterday in Kivett v. Neolpharma, Inc.:
Open, public courts stand as a pillar of American democracy, to which motions to seal stand in derogation. Yet all too often, parties pay little attention to a motion to seal that accompanies a complicated filing. Instead, the sealing motion includes only generalized recitations of the factors that a court must consider before placing material under seal. Given the important public interest at stake, courts should not permit parties to yada, yada, yada their way to a showing of injury. Instead, they must require the party filing under seal to provide a specific, detailed description of the way that disclosure of the information at issue would cause harm. Many parties could make such a showing. Few do.
Defendants’ motion to seal exhibits is of the yada, yada, yada variety. It asserts that Defendants’ competitors could use information in certain exhibits to their summary judgment motion to compete unfairly, but it says nothing about how they could use that information. The Court requires more before it can place material under seal. It will therefore deny Defendants’ motion….
David Kivett claims in this case that Neolpharma Inc. engaged Mr. Kivett to find business leads, including both manufacturing and sales opportunities. Mr. Kivett claims that he found such leads, but that Neolpharma and two corporate affiliates (collectively, “Neolharma”) have not paid him commissions that it owes him.
On March 26, 2021, Neolpharma filed a summary judgment motion. It also filed a motion for leave to file under seal Exhibits E, G, and
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