CBF Industria De Gusa S/A et al v. Amci Holdings,Inc., et al

Filing 614

ORDER: granting 538 Letter Motion to Seal. The letter motion to seal is provisionally Granted. (Doc. 538) SO ORDERED. (Signed by Judge P. Kevin Castel on 9/28/2022) (ama)

Case 1:13-cv-02581-PKC-JLC Document 614
538 Filed 09/28/22
01/10/22 Page 1 of 5

BOSTON

CONNECTICUT

FLORIDA

NEW JERSEY

NEW YORK

The letter motion to seal is provisionally
GRANTED. (Doc. 538.)
SO ORDERED
Dated: 9/28/2022

PROVIDENCE

WASHINGTON, DC

ADAM K. GRANT
Attorney at Law
605 Third Avenue, 31st Floor
New York, NY 10158-1803
T: [phone] F: [phone]
[e-mail]

January 10, 2022
VIA ECF
The Honorable P. Kevin Castel
United States District Court
Southern District of New York
Daniel Patrick Moynihan United States Courthouse
500 Pearl Street
New York, New York 10007
Re:

CBF Industria De Gusa, S/A, et al., v. AMCI Holdings, Inc., et al.,
Case No. 13 -cv-2581 (PKC) (JLC)

Dear Judge Castel:
We write pursuant to Rule 5(B) of Your Honor’s Individual Practices to seek leave to file
with redactions and/or under seal certain documents filed in connection with Plaintiffs’ motion
for summary judgment and motion to preclude. Specifically, Plaintiffs seek leave to file a
redacted versions of:


Plaintiffs’ Memorandum of Law in Support of Their Motion for Summary Judgment;



Plaintiffs’ Rule 56.1 Statement of Undisputed Material Facts; and



Plaintiffs’ Memorandum of Law in Support of Their Motion In Limine to Preclude
the Expert Testimony of PWC.



The Declaration of Nathaniel T. Fleming dated January 10, 2022 filed in support of
Plaintiffs’ motion for summary judgment, and the exhibit thereto.

Plaintiffs further seek leave to file the Exhibits to Plaintiffs’ Rule 56.1 Statement of Undisputed
Material Facts identified in the attached Appendix A to this letter under seal.
Pursuant to the Stipulated Protective Order in place in this matter (ECF No. 120),
Defendants have designated a number of exhibits and certain testimony upon which Plaintiffs
intend to rely in their papers as either “Confidential” or “Restricted Confidential.” Plaintiffs have
serious doubts that Defendants’ designations of these documents and testimony as “Restricted
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The Honorable P. Kevin Castel
January 10, 2022
Page 2
Confidential” or “Confidential” meet the exacting standard for sealing set forth in Lugosch v.
Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), and its progeny. However, in view of
Defendants’ designations, paragraph 10 of the Stipulated Protective Order in place in this action
requires Plaintiffs to file such exhibits and testimony under seal. Plaintiffs also request leave to
file their memoranda of law and Rule 56.1 Statement of Undisputed Material Facts in redacted
form insofar as they disclose information designated “Confidential” or “Restricted Confidential”
by Defendants.
We thank the Court for its consideration of this request.

Respectfully submitted,

Adam K. Grant

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The Honorable P. Kevin Castel
January 10, 2022
Page 3
Appendix A
Exhibits Subject to Pending Motion to Seal
Defendants' Exhibit 41

Plaintiffs' Exhibit 265

Plaintiffs' Exhibit 587

Defendants' Exhibit 44

Plaintiffs' Exhibit 266

Plaintiffs' Exhibit 588

Defendants' Exhibit 50

Plaintiffs' Exhibit 268

Plaintiffs' Exhibit 589

Defendants' Exhibit 83

Plaintiffs' Exhibit 271

Plaintiffs' Exhibit 590

Defendants' Exhibit 171

Plaintiffs' Exhibit 307

Plaintiffs' Exhibit 591

Defendants' Exhibit 173

Plaintiffs' Exhibit 308

Plaintiffs' Exhibit 593

Defendants' Exhibit 181

Plaintiffs' Exhibit 309

Plaintiffs' Exhibit 594

Plaintiffs' Exhibit 10

Plaintiffs' Exhibit 313

Plaintiffs' Exhibit 597

Plaintiffs' Exhibit 11

Plaintiffs' Exhibit 314

Plaintiffs' Exhibit 598

Plaintiffs' Exhibit 12

Plaintiffs' Exhibit 315

Plaintiffs' Exhibit 599

Plaintiffs' Exhibit 14

Plaintiffs' Exhibit 316

Plaintiffs' Exhibit 600

Plaintiffs' Exhibit 15

Plaintiffs' Exhibit 319

Plaintiffs' Exhibit 601

Plaintiffs' Exhibit 16

Plaintiffs' Exhibit 321

Plaintiffs' Exhibit 603

Plaintiffs' Exhibit 17

Plaintiffs' Exhibit 340

Plaintiffs' Exhibit 605

Plaintiffs' Exhibit 18

Plaintiffs' Exhibit 341

Plaintiffs' Exhibit 606

Plaintiffs' Exhibit 19

Plaintiffs' Exhibit 347

Plaintiffs' Exhibit 607

Plaintiffs' Exhibit 20

Plaintiffs' Exhibit 348

Plaintiffs' Exhibit 608

Plaintiffs' Exhibit 20A

Plaintiffs' Exhibit 350

Plaintiffs' Exhibit 609

Plaintiffs' Exhibit 22

Plaintiffs' Exhibit 351

Plaintiffs' Exhibit 610

Plaintiffs' Exhibit 23

Plaintiffs' Exhibit 352

Plaintiffs' Exhibit 612

Plaintiffs' Exhibit 24

Plaintiffs' Exhibit 356

Plaintiffs' Exhibit 613

Plaintiffs' Exhibit 25

Plaintiffs' Exhibit 358

Plaintiffs' Exhibit 614

Plaintiffs' Exhibit 28

Plaintiffs' Exhibit 366

Plaintiffs' Exhibit 615

Plaintiffs' Exhibit 29

Plaintiffs' Exhibit 368

Plaintiffs' Exhibit 616

Plaintiffs' Exhibit 30

Plaintiffs' Exhibit 374

Plaintiffs' Exhibit 617

Plaintiffs' Exhibit 43

Plaintiffs' Exhibit 382

Plaintiffs' Exhibit 618

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The Honorable P. Kevin Castel
January 10, 2022
Page 4
Plaintiffs' Exhibit 45

Plaintiffs' Exhibit 383

Plaintiffs' Exhibit 619

Plaintiffs' Exhibit 46

Plaintiffs' Exhibit 386

Plaintiffs' Exhibit 620

Plaintiffs' Exhibit 48

Plaintiffs' Exhibit 390

Plaintiffs' Exhibit 621

Plaintiffs' Exhibit 49

Plaintiffs' Exhibit 394

Plaintiffs' Exhibit 622

Plaintiffs' Exhibit 50

Plaintiffs' Exhibit 395

Plaintiffs' Exhibit 624

Plaintiffs' Exhibit 51

Plaintiffs' Exhibit 396

Plaintiffs' Exhibit 625

Plaintiffs' Exhibit 52

Plaintiffs' Exhibit 402

Plaintiffs' Exhibit 626

Plaintiffs' Exhibit 53

Plaintiffs' Exhibit 403

Plaintiffs' Exhibit 627

Plaintiffs' Exhibit 70

Plaintiffs' Exhibit 415

Plaintiffs' Exhibit 628

Plaintiffs' Exhibit 74

Plaintiffs' Exhibit 416

Plaintiffs' Exhibit 629

Plaintiffs' Exhibit 75

Plaintiffs' Exhibit 416A

Plaintiffs' Exhibit 633

Plaintiffs' Exhibit 80

Plaintiffs' Exhibit 418

Plaintiffs' Exhibit 634

Plaintiffs' Exhibit 82

Plaintiffs' Exhibit418A

Plaintiffs' Exhibit 635

Plaintiffs' Exhibit 120

Plaintiffs' Exhibit 432

Plaintiffs' Exhibit 636

Plaintiffs' Exhibit 124

Plaintiffs' Exhibit 438

Plaintiffs' Exhibit 637

Plaintiffs' Exhibit 125

Plaintiffs' Exhibit 442

Plaintiffs' Exhibit 638

Plaintiffs' Exhibit 127

Plaintiffs' Exhibit 446

Plaintiffs' Exhibit 639

Plaintiffs' Exhibit 128

Plaintiffs' Exhibit 470

Plaintiffs' Exhibit 640

Plaintiffs' Exhibit 129

Plaintiffs' Exhibit 472

Plaintiffs' Exhibit 641

Plaintiffs' Exhibit 130

Plaintiffs' Exhibit 473

Plaintiffs' Exhibit 642

Plaintiffs' Exhibit 132

Plaintiffs' Exhibit 479

Plaintiffs' Exhibit 643

Plaintiffs' Exhibit 136

Plaintiffs' Exhibit 481

Plaintiffs' Exhibit 645

Plaintiffs' Exhibit 137

Plaintiffs' Exhibit 486

Plaintiffs' Exhibit 646

Plaintiffs' Exhibit 143

Plaintiffs' Exhibit 488

Plaintiffs' Exhibit 647

Plaintiffs' Exhibit 146

Plaintiffs' Exhibit 490

Plaintiffs' Exhibit 648

Plaintiffs' Exhibit 147

Plaintiffs' Exhibit 491

Plaintiffs' Exhibit 649

Plaintiffs' Exhibit 148

Plaintiffs' Exhibit 493

Plaintiffs' Exhibit 650

Plaintiffs' Exhibit 149

Plaintiffs' Exhibit 494

Plaintiffs' Exhibit 651

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The Honorable P. Kevin Castel
January 10, 2022
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Plaintiffs' Exhibit 150

Plaintiffs' Exhibit 496

Plaintiffs' Exhibit 652

Plaintiffs' Exhibit 151

Plaintiffs' Exhibit 497

Plaintiffs' Exhibit 654

Plaintiffs' Exhibit 152

Plaintiffs' Exhibit 498

Plaintiffs' Exhibit 655

Plaintiffs' Exhibit 154

Plaintiffs' Exhibit 509

Plaintiffs' Exhibit 656

Plaintiffs' Exhibit 159

Plaintiffs' Exhibit 510

Plaintiffs' Exhibit 657

Plaintiffs' Exhibit 163

Plaintiffs' Exhibit 512

Plaintiffs' Exhibit 658

Plaintiffs' Exhibit 165

Plaintiffs' Exhibit 525

Plaintiffs' Exhibit 659

Plaintiffs' Exhibit 167

Plaintiffs' Exhibit 528

Plaintiffs' Exhibit 660

Plaintiffs' Exhibit 169

Plaintiffs' Exhibit 529

Plaintiffs' Exhibit 661

Plaintiffs' Exhibit 170

Plaintiffs' Exhibit 531

Plaintiffs' Exhibit 662

Plaintiffs' Exhibit 171

Plaintiffs' Exhibit 532

Plaintiffs' Exhibit 663

Plaintiffs' Exhibit 172

Plaintiffs' Exhibit 533

Plaintiffs' Exhibit 664

Plaintiffs' Exhibit 175

Plaintiffs' Exhibit 539

Plaintiffs' Exhibit 665

Plaintiffs' Exhibit 177

Plaintiffs' Exhibit 542

Plaintiffs' Exhibit 666

Plaintiffs' Exhibit 195

Plaintiffs' Exhibit 543

Plaintiffs' Exhibit 668

Plaintiffs' Exhibit 196

Plaintiffs' Exhibit 555

Plaintiffs' Exhibit 679

Plaintiffs' Exhibit 197

Plaintiffs' Exhibit 556

Plaintiffs' Exhibit 680

Plaintiffs' Exhibit 216

Plaintiffs' Exhibit 557

Plaintiffs' Exhibit 681

Plaintiffs' Exhibit 258

Plaintiffs' Exhibit 559

Plaintiffs' Exhibit 682

Plaintiffs' Exhibit 259

Plaintiffs' Exhibit 561

Plaintiffs' Exhibit 683

Plaintiffs' Exhibit 260

Plaintiffs' Exhibit 566

Plaintiffs' Exhibit 685

Plaintiffs' Exhibit 261

Plaintiffs' Exhibit 567

Plaintiffs' Exhibit 686

Plaintiffs' Exhibit 262

Plaintiffs' Exhibit 580

Plaintiffs' Exhibit 687

Plaintiffs' Exhibit 264

Plaintiffs' Exhibit 586

Plaintiffs' Exhibit 688

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