U.S. District Court, WDNY
Sealing Court Records
NXIVM Corporation v. Doyes
Background: The plaintiff sought to compel the deposition of a nonparty witness. The witness responded by filing a motion to quash the subpoena served upon her by the plaintiff corporation. The court ordered the deposition to be taken, but the plaintiff, however, has moved for an order sealing the entire record, particularly a statement by the nonparty witness made in support of her motion to quash.
Ruling: The court denied the plaintiff’s motion to seal the record. The court held that there is a presumption of accessibility to court documents. This presumption can be overcome by a number of countervailing interests, such as preserving a defendant’s right to a fair trial or a third party’s privacy interests. The court held that the plaintiff did not present facts sufficient to overcome the presumption.
Pamela A. Nichols and Stephen R. Coffey of O’Connell and Aronowitz for the plaintiff; Toney Foley, pro se