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Robbins v. Delafield, Upright Law et al. (In re Williams), Case No. 15-71767, A.P. No. 16-07024 12/8/2017

Prior to trial, the Court granted the Defendants’ motion to file confidential exhibits under seal temporarily.  Upon conclusion of the trial, the parties were directed to submit a brief to justify the continued sealing of exhibits and an explanation as to why alternatives to sealing would not provide sufficient protections.  The Defendants’ motion for continued sealing of exhibits is now before the Court. While the presumption is that all documents filed in a bankruptcy case are accessible to the public; under 11 U.S.C. § 107(b), the Court may protect an entity with respect to a trade secret or confidential research, development or commercial information and defamatory or scandalous material.  The Court held that the seal would be maintained pending its decision on the merits of this case on scripts and training materials for employees, partner handbooks, tax returns and financial information, but not on partner newsletters that contain publicly available information.  The Defendants also requested that they be allowed to withdraw from the public record any proposed trial exhibits previously filed under seal that were not admitted into evidence.  The Court kept those documents under seal upon final resolution of the case, will not consider the documents in its ruling on the merits and will permit the Defendants to withdraw the documents upon final resolution of the case.

Date: 
Friday, December 8, 2017
Category: 
Burden of Proof
Discovery
Evidence
Chapter: 
7