From Judge Gail Weilheimer (E.D. Pa.) Thursday in Cultivatr, Inc. v. Peterson; the analysis strikes me as quite correct:
Cultivatr, Inc. and Sproutr, LLC … ask this Court to seal portions of the transcript of a bench trial held before the Court, claiming that publication will do harm to their business interests. Because this Court finds that they have not made a showing strong enough to outweigh the public interest in open proceedings, the Motion is denied….
This matter was commenced by Counterclaim Defendants Cultivatr and Sproutr as declaratory judgment Plaintiffs, with Nora Peterson filing a breach of contract counterclaim. The dispute centered around a verbal promise made by Cultivatr's principals to Ms. Peterson to grant equity in Cultivatr in exchange for Ms. Peterson's agreeing to join Sproutr as an executive. After a three-day bench trial, this Court issued findings of fact and conclusions of law, ultimately holding that Cultivatr indeed breached an enforceable verbal agreement when it failed to provide Ms. Peterson with the shares it owed her….
[T]he Cultivatr Parties ask this Court to seal portions of the bench trial transcript which deal with an investment into Sproutr made by a third party (the "Investor"). The Cultivatr Parties ask this Court to redact every mention of the name of the third party…. [T]he Cultivatr Parties also seek to redact large swaths of testimony and argument which discusses the investment, and particularly: (1) the amount of money invested; (2) the percentage of Sproutr acquired; and (3) the different options explored for treating the money as a matter of accounting….
