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

Filing 233

ORDER granting 232 Letter Motion to Seal. Application Granted. For the same reasons stated at ECF No. 212, the parties' proposed redactions to the Court's January 31, 2023 orders (ECF Nos. 224-25) are approved. The parties are directed to file the redacted versions of the orders on the docket by Friday, February 17, 2023. The Clerk of Court is directed to terminate the motion at ECF No. 232. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 2/16/2023) (rro)

Case 1:15-cv-00870-VM-VF Document 232 Filed 02/15/23 Page 1 of 2
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February 15, 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:

2-16-2023

For the same reasons stated at ECF No. 212, the parties’ proposed redactions to
the Court’s January 31, 2023 orders (ECF Nos. 224-25) are approved. The
parties are directed to file the redacted versions of the orders on the docket by
Friday, February 17, 2023. The Clerk of Court is directed to terminate the
motion at ECF No. 232. 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 Order concerning AT&T Corporation’s Daubert Motion (D.E. 224, “Order”)
and Report & Recommendation concerning Peerless’ Motion for Summary Judgment to Enforce
Settlement Agreement executed by the parties on July 31, 2018 (D.E. 225, “Report &
Recommendation”). 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
Order and Report & Recommendation 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; D.E. 219; D.E. 230.)
In particular, enclosed herewith are copies of the Order and Report & Recommendation
with proposed redactions of certain words on most pages of the Order and Report &
Recommendation. 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 postjudgment 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 and business terms
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,
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 232 Filed 02/15/23 Page 2 of 2

Magistrate Judge Valerie Figueredo
February 15, 2023
Page 2
the public can still gain a robust understanding of the legal issues discussed in the Order and
Report & Recommendation based on the un-redacted terms.
For the foregoing reasons, the parties respectfully request that the Court make available
to the public a copy of the enclosed, redacted the Order and Report & Recommendation or,
alternatively, a similar copy of the the Order and Report & Recommendation 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)
Encl.