Bhagat v. Shah

Filing 100

ORDER granting 93 Letter Motion to Seal. Defendant's application to seal is GRANTED. The Court held a conference on January 9, 2025 to discuss the relief requested by Defendant and denied it on the ground that in the absence of defamation counterclaims by Defendant, there was no basis for her request. The content of the posts that Defendant now seeks to seal were beside the point and not relevant to the judicial function or useful in the judicial process. The Clerk of Court is respectfully requested to terminate ECF 93. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 1/27/2025) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
VIRAL BHAGAT,
Plain??,

24cv01424 (VEC) (RFT)
ORDER

-againstANUJA SHARAD SHAH,
Defendant.
ROBYN F. TARNOFSKY, United States Magistrate Judge:

Defendant’s applica?on to seal is GRANTED. Plain?? is correct that there is a
presump?on of public access to judicial documents and records. See Lugosch v. Pyramid Co.
of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). The Court “must determine whether
documents are judicial documents that are relevant to the performance of the judicial
func?on and useful in the judicial process.” Id. at 115. Here, the materials Defendant
requests to submit under seal are not judicial documents. Defendant submited the
materials she requests to seal in connec?on with an applica?on that asked the Court,
among other relief, to direct Plain?? to take down certain posts on two websites; to make
immediate disclosure of his involvement with the posts; and to preclude him from
publishing, or assis?ng others with publishing public statements about Defendant, other
than in Court ?lings.
The Court held a conference on January 9, 2025 to discuss the relief requested by
Defendant and denied it on the ground that in the absence of defama?on counterclaims by
Defendant, there was no basis for her request. The content of the posts that Defendant
now seeks to seal were beside the point and not relevant to the judicial func?on or useful
in the judicial process.
The Clerk of Court is respec?ully requested to terminate ECF 93.
DATED: January 27, 2025
New York, NY