Peerless Network, Inc. et al v. AT&T Corp.

Filing 230

ORDER granting 228 Letter Motion to Seal. Application Granted. For the same reasons stated at ECF No. 212, the parties proposed redactions to the January 13, 2023 hearing transcript are approved. The parties are directed to file the redacted version of the transcript on the docket by Friday, February 17, 2023. The Clerk of Court is directed to terminate the motion at ECF No. 228. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 2/15/2023) (rro)

Case 1:15-cv-00870-VM-VF Document 230
228 Filed 02/15/23
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February 14, 2023
BY ECF
Magistrate Judge Valerie Figueredo
Daniel Patrick Moynihan
United States Courthouse
Southern District of New York
500 Pearl Street
New York, New York 10007-1312
Re:

2-15-2023

For the same reasons stated at ECF No. 212, the parties’ proposed redactions
to the January 13, 2023 hearing transcript are approved. The parties are
directed to file the redacted version of the transcript on the docket by Friday,
February 17, 2023. The Clerk of Court is directed to terminate the motion at
ECF No. 228. SO ORDERED.

In re Peerless Networks, Inc. v. AT&T Corp.,
Civil Action No. 15-CV-870 (VM)(VF)

Dear Magistrate Judge Figueredo:
We write on behalf of AT&T Corp., in response to the Court’s Order dated February 1,
2023 (D.E. 226), which directed the parties to submit, by February 15, 2023, any proposed
redactions to the transcript of the January 13, 2023 oral argument before the Court concerning
Peerless’ Motion for Summary Judgment to Enforce Settlement Agreement executed by the
parties on July 31, 2018 (D.E. 138, “Argument Transcript”). We have consulted with counsel for
Peerless Networks, Inc., and, with counsel’s consent, we respectfully write to jointly request
redactions of certain items from the Argument Transcript pursuant to, and consistent with, prior
Orders entered in this case respecting the confidentiality of materials. (D.E. 28 ¶ 7; D.E. 125 at 2
n.1; D.E. 130; D.E. 212.)
In particular, enclosed herewith is a copy of the Argument Transcript with proposed
redactions of certain words on most pages of the Argument Transcript. The intent of each
proposed redaction is to conceal from the public record certain confidential provisions of the
confidential settlement agreement at issue in these post-judgment proceedings as well as
confidential aspects of the parties’ respective businesses, including sensitive pricing terms and
AT&T’s business dealings with other third-party providers. As previously reported to the Court,
these confidential settlement provisions reflect and embody highly-sensitive business data, the
disclosure of which to third-party competitors could be detrimental to the parties’ business. (See,
e.g., D.E. 196 at 2.) By contrast, the public can still gain a robust understanding of the legal
issues discussed in the Argument transcript based on the un-redacted terms.
D UANE M ORRIS LLP
190 SOUTH LASALLE STREET, SUITE 3700

CHICAGO, IL 60603-3433

PHONE: [phone]

FAX: [phone]

Case 1:15-cv-00870-VM-VF Document 230
228 Filed 02/15/23
02/14/23 Page 2 of 2

Magistrate Judge Valerie Figueredo
February 14, 2023
Page 2
For the foregoing reasons, the parties respectfully request that the Court make available
to the public a copy of the enclosed, redacted Argument Transcript or, alternatively, a similar
copy of the Argument Transcript reflecting the same proposed redactions.
We thank the Court for its consideration of this matter and are available to address any
questions the Court might have.
Respectfully submitted,
/s/ Brian A. McAleenan
Brian A. McAleenan
cc:

Counsel of Record (via ECF)
Carole Ludwig, Court Reporter (via e-mail)