In
Lawsuit For Bonuses From 2013
SDNY Judge Declines To Seal
Citing 1st Amendment
By Matthew
Russell Lee,
Patreon, Thread
III
The
Source - XXL
- The
Root - etc
SDNY COURTHOUSE,
Oct 29 –
Craig
Franklin sued
Compass
Advisers and
Stephen Waters
for what he
said were
unpaid bonuses
dating back to
2012.
On October 29
U.S. District
Court for the
Southern
District of
New York Judge
Alvin K.
Hellerstein
called it a
mere
"agreement to
agree" and
seemed
surprised
that, based on
one of his
ruling,
Compass had
recently paid
Craig Franklin
one of the
bonuses.
The October 25
19-page Order
signed by
Judge
Hellerstein to
his and his
Chambers'
credit denies
a motion to
seal, saying
"'in order to
overcome the
First
Amendment
right of
access,' the
proponent of
sealing
judicial
documents
bears the
burden of
showing that
'closures is
essential to
preserve
higher values
and is
narrowly
tailored to
serve that
interest.'" Bernstein
v. Bernstein
Litowitz
Berger &
Grossman LLP,
814 F.3d 132,
144 (2d Cir.
2016).
Inner City
Press will be
await further
orders by
Judge
Hellerstein
and others.
This case is Franklin
v. Waters, el
al.,
16-cv-9819
(Hellerstein).
It's not over
until it's
over. The
adage from
baseball, and
opera, was on
display on
October 4 in
an oral
argument
between
lawyers for
Deutshce Bank
Mexico
Holdings
S.a.r.l and
Accendo Banco,
S.A. before
Judge Alvin K.
Hellerstein of
the U.S.
District Court
for the
Southern
District of
New York.
Accendo Banco
had obtained a
Mexican court
injuction
against
Deutsche Bank
selling its
Mexican assets
to anyone
else; there is
an ICC
emergency
arbitration
set for
argument next
Tuesday with
decision
scheduled for
October 14.
Judge
Hellerstein
after hearing
arguments from
Simpson
Thacher's
Jonathan K.
Youngblood for
Deutshce Bank,
then Quinn
Emanuel's Marc
Greenwald for
Accendo,
orally denied
Deutsche
Bank's
petition to
undo the
Mexican
court's
injunction,
saying it
wasn't his
place to get
involved in
another
sovereign
country's
law.
But then after
some
apparently
post-decision
arguments from
Deutsche Bank
lawyer
Youngblood,
Judge
Hellerstein
abruptly left
the bench and
went into his
robing room
with his law
clerks.
Emerging
fifteen
minutes later,
Judge
Hellerstein
said he would
reserve
decision and
issue a
written ruling
later. The he
asked the
parties if
they both
wanted him to
not act until
after the
arbitrator
does.
Youngblood
consulted with
his client,
four Deutshce
Bank officials
in the gallery
otherwise
empty but for
Inner City
Press, then
returned with
essentially an
offer for
Accendo or its
counsel.
Judge
Hellerstein
said that was
a private
conversation
in which he
did not want
to be
involved. He
said he will
rule in the
normal course.
Inner City
Press will
continue to
cover this
case. It is Deutsche
Bank Mexico
Holdings
S.a.r.l. et
al. v. and
Accendo Banco,
S.A.,
19-cv-08692
(Hellerstein).
***
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