Jessica Cirillo v. John Nkansah et al. (2009)

MEMORANDUM OF DECISION RE MOTION TO SEAL DOCUMENTS

Pursuant to Practice Book § 11-20A(c), the plaintiff has filed a motion to seal a tax return of a non-party that was inadvertently filed in this action on August 6, 2009.¹  In considering the merits of this motion, the court is mindful of the manner in which the document was acquired by the court.   The plaintiff mistakenly e-filed the subject tax return when the plaintiff filed the complaint and return of service.   The subject tax return was attached thereto, in lieu of the original summons form, in error.   The tax return copy that was filed belongs to a non-party to this action and has nothing to do with the subject action.

Consistent with the presumption of openness of judicial proceedings and public access to judicial documents, the recently adopted Practice Book rules provide that documents or other materials filed with the court may be sealed “only if the judicial authority concludes that such order is necessary to preserve an interest which is determined to override the public's interest in viewing such materials.   The judicial authority shall first consider reasonable alternatives to any such order and any such order shall be no broader than necessary to protect such overriding interest.”  Practice Book § 11-20A(c).  These rules and principles apply to this case and the subject motion to seal.

The court has fully considered the provisions of Conn. P.B. § 11-20A.   Notice of the Motion to Seal was properly docketed, and notice to the public was given on the printed calendar, which was posted near the clerk's office, and on the Judicial Branch website, per Conn. P.B. § 11-20A(j).  The court determines that it is in the non-party's interest, the plaintiff's interest and the public's interest that these records remain sealed at present.   The privacy interests of the non-party as to their personal tax return information overrides the public's interests in viewing said information.   This order is necessary to preserve the privacy of the non-party taxpayer, and there is no other reasonable alternative to this sealing order, which is no broader than necessary to protect the taxpayer's privacy interests.

This order sealing the non-party taxpayer's tax return shall be permanent in nature commencing with the filing of this decision in the clerk's office.   Upon issuance of this order, the clerk will immediately enter this order in the court file and publish it by posting a copy of said order on the judicial branch website and on a bulletin board adjacent to the clerk's office.   The clerk shall often affix a notice to the envelope containing the sealed tax return copy stating that the subject materials were sealed by an order of this court on the date of the filing of this decision.

Judge Richard E. Arnold

FOOTNOTES

FN1. The plaintiff has not filed a memorandum of law.   Practice Book § 7-4B(b) requires that each such motion e accompanied by an “appropriate written memorandum of law” to justify the relief sought therein.   Nonetheless the court proceeds to decide the motion sua sponte..  FN1. The plaintiff has not filed a memorandum of law.   Practice Book § 7-4B(b) requires that each such motion e accompanied by an “appropriate written memorandum of law” to justify the relief sought therein.   Nonetheless the court proceeds to decide the motion sua sponte.

Arnold, Richard E., J.