BGC Partners, Inc. et al v. Avison Young (Canada), Inc. et al

Filing 702

ORDER granting 698 , 701 Motions to Seal. Signed by Magistrate Judge Elayna J. Youchah on 6/26/2023. (Copies have been distributed pursuant to the NEF - HAM)

1

UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3

***

4
5

NEWMARK GROUP, INC., G&E
ACQUISITION COMPANY, LLC and BGC
REAL ESTATE OF NEVADA, LLC

6

Plaintiff,

7
8
9
10
11

Case No. 2:15-cv-00531-RFB-EJY

ORDER

v.
AVISON YOUNG (CANADA) INC.;
AVISON YOUNG (USA) INC.; AVISON
YOUNG-NEVADA, LLC, MARK ROSE,
THE NEVADA COMMERCIAL GROUP,
JOHN PINJUV, and JOSEPH KUPIEC; DOES
1 through 5; and ROE BUSINESS ENTITIES
6 through 10,

12

Defendants.

13
14

Pending before the Court are (1) Defendants’ Motion to Seal exhibits to their Opposition to

15

Plaintiffs’ Motion to Exclude Portions of Carlyn Irwin’s Expert Testimony (ECF No. 698), and (2)

16

Plaintiffs’ Motion to Seal exhibits to Plaintiffs’ Response to Defendants’ Motion to Exclude the

17

Testimony of Christopher Spadea (ECF No. 701).

18

I.

19
20

DISCUSSION
The parties have filed innumerable motions to seal, each of which has set forth the applicable

standards related thereto. The Court does not repeat those standards here.

21

The Court reviewed the instant Motions to Seal as well as the exhibits sought to be sealed or

22

redacted. All exhibits contain proprietary business information, financial data, and communication

23

relating to trade secrets and, therefore, are properly sealed. The Court finds the unredacted

24

references to these exhibits appearing in the respective oppositions are also properly sealed.

25

II.

ORDER

26

IT IS HEREBY ORDERED that Defendants’ Motion to Seal Exhibits to the Opposition to

27

Plaintiffs’ Motion to Exclude Portions of Carlyn Irwin’s Expert Testimony (ECF No. 698) is

28

GRANTED.
1

1

IT IS FURTHER ORDERED that Exhibits A and B to Defendants’ Opposition to Plaintiffs’

2

Motion to Exclude Portions of Carlyn Irwin’s Expert Testimony (ECF No. 696) are and shall remain

3

sealed. The unredacted version of Defendants’ Opposition at ECF No. 697 is and shall remain

4

sealed.

5

IT IS FURTHER ORDERED that Plaintiffs Motion to Seal Exhibits to the Response to

6

Defendants’ Motion to Exclude the Testimony of Christopher Spadea (ECF No. 701) is GRANTED.

7

IT IS FURTHER ORDERED that Exhibits 1–15, 18–24, 28, 30, 32–40, 42–43, 45, 47–51,

8

55–56, and Group Exhibits 41 and 44 to Plaintiffs’ Response to Defendants’ Motion to Exclude the

9

Testimony of Christopher Spadea (ECF No. 699) are and shall remain sealed. The unredacted

10

version of Plaintiffs’ Response at ECF No. 700 is and shall remain sealed.

11

IT IS FURTHER ORDERED that if in the future (i) any party in this case seeks to file an

12

exhibit under seal, (ii) there is no dispute regarding whether the exhibit is properly sealed, and (iii)

13

the Court has previously granted the request to seal, the parties need not bring a motion to seal

14

the exhibit as the prior order automatically applies to the refiling of the exhibit under seal.

15

Dated this 26th day of June, 2023.

16
17
18
19

ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE

20
21
22
23
24
25
26
27
28
2