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Massel v. Gibbins

Motion to Seal Suit to Conform With British Sealing Orders Denied as No Good Cause Shown

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The following e-filed documents, listed by NYSCEF document number 24, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42, 43were read on this application to/for partial sealingDECISION AND ORDER

*1 In this action, plaintiff sues defendant for negligence and the intentional infliction of emotional distress arising from his alleged transmission to her of a venereal disease and certain other conduct. (NYSCEF 1). Defendant has not interposed an answer.I. PERTINENT BACKGROUNDA. British actionIn the latter part of 2016, defendant, an internationally prominent businessperson, brought an action in Great Britain against plaintiff, a former European beauty queen, seeking to enjoin her from contacting him and his business, enjoining publication of private information, and awarding him damages arising from her allegedly fraudulent conduct and false claims including that he transmitted to her a venereal disease. (NYSCEF 7). On defendant’s motion, by order dated October 21, 2016, the British Court granted a complete sealing of the action,[upon] consideration of [defendant's] Article 8 right to respect for private and family life and the Article 10 right of freedom of expression. And upon it appearing that the case is likely to attract publicity and that revealing the identity of the parties is likely unfairly to damage the interests of [defendant] and that, accordingly, publication of details revealing the parties’ identities ought to be prohibited.

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