Federal Judiciary

Oops!: Mistakenly-Filed Documents Sealed, Not Removed from Clerk's File

By Michael Smith

Motorola, Inc. v. Analog Devices, Inc., 2003 WL 25778434(E.D.Tex. Jun 06, 2003) (NO. 1:03-CV-131)
Judge: Ron Clark
Holding: Joint Stipulation Regarding Removal of Documents from District Clerk's File GRANTED in part.
Ever had one of those days?  One of the parties in this case realized shortly after filing that the document filed contained some interlineations and notes that it considered confidential and privileged.  The parties agreed to ask the Court to remove the papers from the clerk's office' file.
Not so fast, Judge Clark held.  "As the parties provide no basis in law for the removal of documents from a judicial record, and the Court finds none on its own, the Court will only decide whether to place the documents under seal. Courts have recognized that the public has a common law right to inspect and copy judicial records."  Judge Clark reviewed the facts and decided that the parties had made a sufficient showing and sealed the documents.

Full post as published by Eastern District of Texas Federal Court Practice on October 27, 2008 (boomark / email).