From Jacobs v. Journal Publishing Co., decided Wednesday by Magistrate Judge Steven Yarbrough (D.N.M.):
After Plaintiffs' indictment for white collar crimes, the Albuquerque Journal published an online article (the "Jacobs article") about the events. Plaintiffs allege that the material in the article was defamatory and placed them in a false light. Included in this material is a photograph (the "Cannes photograph") that depicts Plaintiffs in front of two yachts. Plaintiffs claim that this copyrighted photograph was "stolen from a frame in their home" after Defendants Nichole Perez and James Thompson trespassed onto Plaintiffs' property. Other newspapers and internet sources such as the Singapore [Straits] Times and the Sri Lanka Royal Turf Club Facebook site then used the Cannes photograph.
Plaintiffs filed for a temporary restraining order or preliminary injunction to remove the Jacobs article from the internet and take other steps to prevent the ongoing distribution of the Cannes photograph. Plaintiffs then sought to seal the exhibits attached to this motion, which included the Cannes photograph and the Jacobs article. I temporarily ordered the documents sealed pending further briefing on the merits of the issue from all parties….
Plaintiffs seek to seal the exhibits attached to Doc. 2, which contain either the copyrighted Cannes photograph, the allegedly defamatory Jacobs article, or both. In analyzing this matter, I begin—as a court must—with the presumption that the public should have access to these records.
