Varilease Finance, Inc. v. FCS Advisors, LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX VARILEASE FINANCE, INC., et al., : Plaintiffs, : : 25-CV-913 (JMF) -v- : : ORDER FCS ADVISORS, LLC, : Defendant. : wee KX JESSE M. FURMAN, United States District Judge: On April 4, 2025, Defendant FCS Advisors, LLC filed a disclosure statement pursuant to Federal Rule of Civil Procedure 7.1. ECF No. 14. Four months later, on August 4, 2025, Defendant filed a letter motion seeking to redact the already-filed disclosure statement and requesting leave to refile the unredacted version under seal. ECF No. 31.

Defendant’s request is DENIED. “[T]here is ample authority for the proposition that where, as here, a party fails to take immediate steps to request that publicly filed materials be sealed, its request to redact or seal may be denied for that reason.” Fischman v. Mitsubishi Chem. Holdings Am., Inc., No. 18-CV-8188 (JMF), 2019 WL 3034866, at *2 (S.D.N.Y. July 11, 2019) (collecting cases). Defendant waited for four months before attempting to correct its “inadvertent oversight.” ECF No. 31. Inadvertent or not, at this point, “the proverbial cat is out of the bag.” Fischman, 2019 WL 3034866, at *2 (quoting Jn re Document Techs. Litig., 282 F. Supp. 3d 743, 750 (S.D.N.Y. 2017)). Accordingly, the motion is denied.

The Clerk of Court is directed to terminate ECF No. 31.

SO ORDERED.

Dated: August 5, 2025 New York, New York ESSE RMAN nited States District Judge