She needs specific documents and clear markings before deciding what stays private
Justice Masley required the requested confidential material to be identified, marked, and justified. A large request or the parties’ agreement did not replace that document-by-document showing.
Preparation point
Identify each disputed passage, the requested redaction, and its reason.
How it played outSituation, action, outcome
- The situation
- The confidentiality request did not identify and explain the particular material.
- What she did
- Withheld unsupported protection and required a clear submission.
- What made a difference
- Shown competitive harm justified protection. Poor labels did not decide the underlying claims.
In her words2 quotes
“This court cannot consider this broad request lacking any specificity”
Beach v Touradji Capital Mgt., LP, printed p. 1 n 1. Responding to a sealing request that did not identify the material.
“‘Doshi Aff. Ex 1’ is useless.”
Besen v Doshi, printed p. 2 n 1. Her example of an unhelpful NYSCEF label.
In the cited cases4 rulings
Beach’s vague request involved 1,504 docket entries. DIRECTV’s missing or inconsistent highlighting had to be corrected.
Enterprise received protection for justified commercial information. In Besen, she separately required useful NYSCEF exhibit descriptions.