Judge Orders Some 38 Studios Documents to Stay Sealed

PHILADELPHIA — Some documents related to the 38 Studios lawsuit may remained sealed, a Rhode Island court ruled.

Superior Court Judge Michael Silverstein said Sept. 18 that they could be opened through requests made through Rhode Island’s open records law.

Lawyers for Wells Fargo Securities LLC, opposing the release of documents and Rhode Island Commerce Corp. debated the matter.

The Commerce Corp. is suing 14 parties related to the failure of 38 Studios, the video-game company owned by former Boston Red Sox pitcher Curt Schilling. Defendants include Schilling and several advisors, including Wells Fargo and First Southwest, both of which have opposed releasing the documents.

Commerce Corp.’s precedent agency, the Rhode Island Economic Development Corp., issued a $75 million loan in 2010, backed by the state's moral obligation, to Schilling's company to lure it to downtown Providence from Maynard, Mass., in 2010. 38 Studios folded in 2012, filing for Chapter 7 bankruptcy.

Rhode Island owes $74.3 million on the debt including interest, according to state documents.

Providence County Superior Court clerk Henry Kinch Jr. told reporters on Sept. 18 that said documents Silverstein releases will be available within days on the court website.

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