The Fashion Exchange LLC v. Hybrid Promotions, LLC et al

Filing 465

ORDER granting 460 Letter Motion to Seal. The request to redact certain information as set forth above is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/1/2023) (jca)

Case 1:14-cv-01254-SHS-OTW Document 465 Filed 02/01/23 Page 1 of 2

Scott Zarin, Esq.
Zarin & Associates, P.C.
244 West 102 nd Street, #3B
New York, New York 10025
[e-mail]
Tel: [phone]

January 30, 2023

Via ECF
Honorable Sidney H. Stein
United States District Judge
Southern District of New York
500 Pearl Street
New York, NY 10007

Re:

MEMO ENDORSED

The Fashion Exchange LLC v. Hybrid Promotions, LLC/S.D .N.Y. 14-1254

Dear Judge Stein:
I represent Plaintiff The Fashion Exchange LLC ("Plaintiff") in the above-referenced action.
On January 27, 2023, I filed Plaintiff's response to Defendants' cross-motion for partial summary
judgment and supporting documents. (ECF 456 457, .±.la, .4..22). Two of those documents, Plaintiff's
memorandum of law (ECF 456) and one exhibit to my declaration in support of the motion (select
pages from the deposition of David Lederman) (ECF 459, Exh. 1), contain redactions.
These redactions consist of revenue information related to Defendant Hybrid Promotions
about which Mr. Lederman was questioned during his deposition. (ECF 456 p. 20: ECF 459, Exh. 1,
pp. 226-228, 230, 233-235) This revenue information appeared in Defendants' profit and loss
statements, which Defendants designated as highly confidential pursuant to the parties' stipulated
confidentiality agreement.
Plaintiff therefore requests the Court to seal this information. Courts in the Second Circuit
have sealed such information. See Pool Deals, LLC v. United Parcel Service, 20-CV-47 at *3-4 (W.D.N.Y.
May 18, 2020) ("Because Pool Deals is a privately held company, the public's right of access to its
financial information is weak and does not outweigh Pool Deals' interest in keeping such information
private. Pool Deals seeks to redact only the dollar amount of its 2019 revenue and the dollar amount of
its 2018 profits . Therefore, these redactions are narrowly tailored to protect Pool Deals' interest in
confidentiality."); Rubik's Brand Ltd v. Flambeau, Inc., 17-CV-6559 at *3 (S.D .N.Y. March 22, 2021) ("The
second document contains excerpts of the deposition of Michael Burke, Flambeau's Vice President of
Sales for its Duncan Division. Flambeau seeks to redact limited portions of the testimony that pertain
to projected sales, net sales, and revenue figures for the relevant time period in this action - i.e. 2016

Case 1:14-cv-01254-SHS-OTW Document 465 Filed 02/01/23 Page 2 of 2

through the time of the deposition. Having reviewed the documents, the Court agrees that the
proposed redactions cover material that, if disclosed, would competitively harm Flambeau.")
Thank you for your consideration of this request.

Sincerely,
/s/ Scott Zarin
Scott Zarin, Esq.

The request to redact certain information as set forth above is granted.
Dated:NewYork, New York
February 1, 2023

SO ORDERED:

cc:

Mark]. Rosenberg, Esq. (via ECF)
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