LLC v. UBS AG (2011)

MEMORANDUM OF DECISION ON MOTION TO FILE RECORD UNDER SEAL

Pursuant to Practice Book § 11–20A, the Court finds that a Motion to File Records Under Seal was filed in this case by the plaintiffs pursuant to Practice Book § 7–4B. The motion was accompanied by an appropriate memorandum of law to justify the sealing.   The materials at issue have been lodged with the Court pursuant to Practice Book § 7–4C. The motion was duly calendared pursuant to Practice Book § 11–20A(e) so as to give the public notice of the time and place of the hearing, and to afford the public an opportunity to be heard on the motion.   The Court notes that no public participation was sought in connection with the hearing of this motion.

Having applied a balancing test which weighs the rights and the interests of the litigants and the interests of the public, the Court finds that the underlying documents as to which sealing is sought contain commercially sensitive, confidential business and/or proprietary information of the defendants.   The Court further finds that the parties' interest in maintaining the confidentiality of this information at this time overrides the public's possible interest in viewing it, in that the business interests of the defendants might be harmed or compromised by the disclosure of this information.   Moreover, the proposed order is no broader than necessary to preserve the parties' interest.   The document is not to be sealed in its entirety, but rather, merely consists of certain redacted exhibits which contain the particulars of the information sought to be protected.   The essentials of the document and its intended purposes may readily be gleaned from the redacted version available to the public.

For the foregoing reasons, the Motion to File Records under Seal is GRANTED until such further order of the court.   The court is prepared to reconsider this issue if the plaintiffs so move in the future.

IT IS SO ORDERED,

Blawie, J.

Blawie, John F., J.