Tradewinds Airlines Inc. v. Soros et al, No. 1:2008cv05901 - Document 45 (S.D.N.Y. 2009)

Court Description: MEMORANDUM OPINION AND ORDER: The information set forth in the Opinion was relevant and necessary to the discharge of this function, thus creating a strong presumption of public access that is not overcome by any competing concerns. Therefore, to the extent quoted or discussed in the Opinion, information originally filed under seal is hereby unsealed SO ORDERED. (Signed by Judge John F. Keenan on 5/20/2009) (tve)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ................................. - -X TRADEWINDS AIRLINES, INC., No. 08 Civ. 5901 (JFK) Plaintiff, -against- Memorandum Opinion & Order GEORGE SOROS and PURNENDU CHATTERJEE, Defendants. ................................... X JOHN F. KEENAN, United States District Judge: At permitted a the conference parties to on February file under 10, 2009, the Court seal their papers in connection with defendant George Soros's motion to disqualify plaintiff's counsel. That motion was denied in a publicly filed Opinion and Order dated May 12, 2009 (the "Opinion"). Soros now requests that the Opinion be placed under seal. There is a strong presumption of public access to "judicial documents," or "items filed with the court that are relevant to the performance of the judicial function and useful in the judicial process." In re Terrorist Attacks on September 11, 2001, 454 F. Supp. 2d 220, 222 (S.D.N.Y. 2006) (quoting SEC v. TheStreet.com, 273 F.3d 222, 231 (2d Cir. 2001). court's decision whether to disqualify counsel A federal in order to preserve the integrity of the adversary process is an important Cf. part of the judicial function. - Centauri Shipping Ltd. v. - - Western Bulk Carriers KS, 528 F. Supp. 2d 197, 205 (S.D.N.Y. 2007) (denying request to seal Rule 11 proceedings because they served "the perform its essential Article purpose I11 of duties of permitting deterring this Court abuses of to the judicial process and imposing sanctions to achieve that end, if necessary" (internal quotation marks omitted)). set forth in the Opinion was relevant The information and necessary to the discharge of this function, thus creating a strong presumption of public access that is not overcome by any competing concerns. United States v. Amodeo, 71 F.3d 1044, 1049 (2d Cir. 1995). Therefore, to the extent quoted or discussed in the Opinion, information originally filed under seal is hereby unsealed S O ORDERED. Dated: New Y o r k , New Y o r k May 20, 2009 7r-L- . , w \ ( J O H N F . KEENAN U n i t e d S t a t e s D i s t r i c t Judge

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