Overview
In a ruling today, Judge Engelmayer ordered a plaintiff to publicly file an indemnification letter that the defendant had sought permission to file under seal. The plaintiff had claimed that the defendant's public filing of the letter would be in breach of a contract between the parties, so the defendants asked for permission to file it under seal. Judge Engelmayer odered not that the defendant was permitted to file the letter - either under seal or publicly - but that the plaintiff was required to file the letter publicly or risk dismissal of its claims. Judge Engelmayer found the plaintiff's argument against public filing to be particularly problematic: "The Court emphatically rejected plaintiff's reason for seeking the sealing of the document, i.e., to minimize the likelihood that tax authorities would review the contents of the letter, as not only meritless, but affirmatively contrary to the public interest. The Court adheres to this view."