Summary
In Salomon Smith Barney, Inc. v. HBO Company, 2001 WL 225040 (S.D.N.Y. 2001), for example, documents designated as confidential and produced by Bear, Stearns Co., Inc. ("Bear Stearns") pursuant to a third-party subpoena were filed under seal by the plaintiff and somehow "found their way into the Court's public file."
Summary of this case from Estate of Martin Luther King, Jr., Inc. v. CBS, Inc.Opinion
98 Civ. 8721 (LAK)
Dated: Febraury 16, 2001
ORDER
For reasons stated on the record during a conference call with counsel this morning, it is hereby ORDERED, as follows:
1. The oral motion of Bear Stearns Co., Inc. ("Bear") for leave to intervene for the purpose of seeking to have certain allegedly confidential documents removed from the public file is granted.
2. The oral motion of New York State Common Retirement Fund ("Fund") for leave to intervene for the purpose of challenging the designation as "Confidential" pursuant to the protective order herein a letter to the Court, dated August 25, 1999, from Francis P. Barron, Esq. (the "Barron Letter"), and exhibits thereto (the "Exhibits") is granted.
3. The Court has determined that the Bear Stearns has failed to show good cause for treating the Barron Letter as Confidential pursuant to the protective order. The Barron Letter therefore will be placed in the public file.
4. Bear shall serve and file any papers in support of its contention that there is good cause for maintaining the confidentiality of the Exhibits on or before February 23, 2001.
5. Fund shall serve and file any papers in response to the Bear submission on or before March 2, 2001.
6. Bear shall serve and file any reply papers on or before March 9, 2001.