Remember when Otto Reich sued the kids behind Derwick Associates for various allegations, including racketeering? And how the kids, known as the Bolichicos, claimed the court lacks jurisdiction, promising to provide personal data but wanting it kept secret? No? Well, that’s a significant development in the case so far.
Otto Reich (not to be mistaken for Otto Rock) has now returned to court requesting the disclosure of all confidential Derwick details. He argues this is in the public interest, asserting that the Bolichicos didn’t appropriately plead their case.
The Second Circuit has a strong presumption, grounded in the First Amendment, that judicial documents (including those tied to dispositive motions) should be publicly accessible and sealed only under compelling circumstances. The Second Circuit has consistently stated that a party seeking a sealing order must meet a very high burden of proof, and the Court can’t grant such requests or seal documents without making clear findings that counter this Constitutionally-based presumption. Here, none of the needed factors or processes for sealing documents related to the motions have been met. Therefore, the Court’s Interim Sealing Order must be lifted, and all related submissions, including the parties’ discovery letters, should be unsealed and available to the public as in any other case in the Southern District of New York…
There are no compelling reasons for sealing the parties’ submissions regarding the Defendants’ motions. No “higher values” exist that would justify obstructing public access to this information.
I’m running low on popcorn.