Should Parties Get Complaint Sealed Because Defendant “Had Returned All of the Misappropriated Funds”?
From a joint motion to seal filed yesterday in Shapeshift US, Inc. v. Mukhiddinov (D. Colo.); for some news coverage of the original Complaint, see, for instance, this article in CoinDesk (Danny Nelson):
- District of Colorado Local Civil Rule 7.2(c) provides that a court may restrict from public access and inspection any document in a case in circumstances in which the public right of access is outweighed by the potential for serious injury if access is not restricted. The Supreme Court has recognized that although there is a strong interest in the public right of access to judicial documents, that right “is not absolute.” … “It is beyond question that this Court has discretionary power to control and seal, if necessary, records and files in its possession.” …
- In exercising discretion to control and seal records, this Court may “seal documents if the public’s right of access is outweighed by competing interests.” Here, the unique circumstances of this case and the significant interests of both parties outweigh the presumption of public access to the Complaint.
- The Complaint in this case, which was filed on August 26, 2020, alleges that Mukhiddinov m
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