Justice Oing's decision+Order On Motion Doc.#44 4/30/13
Doc#45 Transcript Of Proceeding 4/30/13
Doc.#46 So Ordered Transcript.
To prove a point here is Oing's entire decision.Thanks to or top MOD.
This is my decision and order with respect to the motion to seal:
I am going to grant it to the extent that I'm going to permit or allow for the financial numbers,the dollar figures to be redacted from the complaint,I don't want to see any of the dollar figures being put on e-file for the public at large to see.With respect to papers submitted to the courthouse,they are to be indetified as unreadacted so I know they are unreadacted so I know to treat then as such with confidentiality.When I am done with them we will shred them on my end.
Anything that has to be e-failed or filed with the court system must be readacted when it comes to financial information.I don't believe its necessary for it to be out there.The reason for that is that I don't find any prejudice to the plantiff by doing that because if I redact the financial information the dollar figures here,because already I've been told by plantiff that they can get the information out to their investors.Theyhave--its a publicily traded company.There are 10Ks out there K-1s out there.There are annual reports out there.
Its already disseminated.That's well and fine,but I am not in a sense,going to be a facilitator.I am not interese=ted in having the court facilitating dissmemination of that financial information,that's not our burden to bear.
Having said that of course plantiff runs the risk that if they disseminate the information they have to make sure that they are in compliance with the four corners of the agreement with respect to any confidentiality clauses.I don't have or the court here does not have a full grasp of the extent of the full extent of the confidentiality agreement so I am very reluctant to start saying,go ahead,put everything out there,and then by doing so cloaking the plantiff insulating the plantiff from liability for a potential breach of a confidentiality clause.
So under the circumstances I find no prejudice to the plantiff with respect to my decision and order to redact the financial numbers from the complaint here,and going forward anything that is submitted on e-filing system or in the court for the public to look at shall not have financial nunbers,have dollar figures in there.
Anything submitted to the court directly should be marked clearly that it's unreadacted so I can treat them with confidentially.
If you need further orders on this as we go along--but that's my decision and order with respect to the motion.
That branch of the motion seeking to seal the record is denied.I am not sealing anything here and I don't think--
MR KHAWAJA:That's not what we are asking for.
THE COURT: --I don't think councel is looking for a sealing order.
That's my decision and order.Thank you very much,folks.Have a good day.
Councel you're the moving party.Order the transcript.I will so order it.You will have it for your records.See my part clerk to see when you are coming in.
MR KHAWAJA:Thank you,your honor
