Homeward Residential, Inc. v. Sand Canyon Corporation

Filing 379

ORDER temporarily granting 374 Letter Motion to Seal. The motion to seal is temporarily GRANTED. The Court will assess whether to keep the materials under seal when deciding the underlying motions. The Clerk of Court is directed to terminate ECF No. 374. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/2/20) (yv)

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THE WARNER 1299 PENNSYLVANIA AVE., NW WASHINGTON, D.C. 20004-2400 TEL +1 202.639.7700 FAX +1 202.639.7890 AUSTIN BEIJING BRUSSELS DALLAS DUBAI HONG KONG HOUSTON LONDON MOSCOW NEW YORK PALO ALTO RIYADH SAN FRANCISCO WASHINGTON BakerBotts.com February 28, 2020 VIA ECF AND FEDEX The Honorable Jesse M. Furman Southern District of New York 40 Centre Street, Room 2202 New York, NY 10007 Re: Michael Calhoon TEL: (202) 639-7954 FAX: (202) 585-1096 michael.calhoon@bakerbotts.com Homeward Residential, Inc. v. Sand Canyon Corp., 12-cv-5067 (JMF/JLC) Dear Judge Furman: I write pursuant to Section 6 of the Court’s Electronic Case Filing Rules & Instructions and Your Honor’s Individual Rules of Practice respectfully to seek leave to file under seal certain materials in connection with Defendant Sand Canyon Corporation’s Opposition to Plaintiff’s Motion to Exclude Certain Testimony from Defendant’s Experts, and to redact from its public filings the Confidential Materials and references thereto. Our papers are due today pursuant to the Court’s schedule and will be filed simultaneously. Counsel for both parties have met and conferred and agree to the confidentiality designations of the documents to be filed under seal. The Confidential Materials are in Defendant Sand Canyon Corporation’s Memorandum of Law In Opposition To Plaintiff Homeward Residential, Inc.’s Cross-Motion For Summary Judgment And In Further Support Of Defendant Sand Canyon Corporation’s Motion For Summary Judgment, Sand Canyon’s Response to Homeward’s 56.1 Statement of Facts, Sand Canyon’s 56.1 Counter-Statement of Facts, the supporting Declaration of Michael Calhoon, and the exhibits to that Declaration. These Confidential Materials consist of documents and deposition testimony that the parties have designated as “Confidential” and “Highly Confidential” under the Protective Order (ECF No. 66). Due to size, Exhibits 855–862 to the Calhoon Declaration will be submitted on a CD for Your Honor’s consideration. Accordingly, Sand Canyon respectfully requests leave to file the Confidential Materials under seal. The motion to seal is temporarily GRANTED. The Court will assess Respectfully submitted, whether to keep the materials under seal when deciding the underlying motions. The Clerk of Court is /s/ Michael Calhoon directed to terminate ECF No. 374. Michael Calhoon SO ORDERED. cc: All Counsel (by ECF) March 2, 2020

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