Edmondson et al v. RCI Hospitality Holdings, Inc. et al

Filing 136

ORDER granting 135 Letter Motion to Seal. Application GRANTED. The parties do not need to resubmit the unredacted expert reports. Defendants may file their memorandum of law with appropriate redactions concerning Plaintiffs' financial informat ion and may file the unredacted version on ECF, using the appropriate privacy settings. If Defendants are unable to submit the unredacted version on ECF, they may email it to the Court. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/24/2020) (ama)

Case 1:16-cv-02242-VEC Document 135 Filed 04/24/20 Page 1 of 2
136
Daniel J. Fox
77 Water Street, Suite 2100
New York, New York 10005
[e-mail]
Direct: 212.845.9001

MEMO ENDORSED
April 24, 2020

USDC SDNY
DOCUMENT
ELECTRONICALLY FILED
DOC #:
DATE FILED: 4/24/2020

Via ECF
Honorable Valerie E. Caproni
United States District Court
Southern District of New York
40 Foley Square, Room 240
New York, New York 10007
Re:

Edmondson, et al. v. RCI Hospitality Holdings, Inc. et al.
Case No.: 16-cv-2242 (VEC)

Dear Judge Caproni:
We represent defendants RCI Hospitality Holdings, Inc., Peregrine Enterprises, Inc., RCI
Dining Services (37th Street), Inc., and Eric Langan (collectively “Defendants”) in connection with
the above-referenced lawsuit. We submit this joint letter with the Plaintiffs’ approval in compliance
with Your Honor’s Individual Practices and specifically with regard to the directive governing
Requests to Redact or File under Seal (Individual Practices 5(A) et seq.)
Defendants intend to file a Motion for Reconsideration of Your Honor’s Opinion and Order
dated March 30, 2020 with respect to the preclusion of the Defendants’ damage valuation expert
(Jeff Anderson.) It is our understanding that Plaintiffs also intend to file a Motion for
Reconsideration of the Opinion. At the time the parties filed their respective Daubert motions, the
parties advised Your Honor of a standing confidentiality order in this case designed to protect the
disclosure of the Plaintiffs’ confidential income and financial information from public disclosure.
On September 30, 2019, the parties submitted a joint letter to Your Honor [NYSD ECF 109] setting
forth a plan governing the submission of Plaintiffs’ confidential information under seal, and by
Memo Endorsement dated October 1, 2019 [NYSD ECF 110], Your Honor granted approval.
The parties now request to extend Your Honor’s prior approval governing the submission of
documents under seal for the purpose of the Daubert motions to the anticipated Motions for
Reconsideration. Assuming the Court has retained copies of the unredacted reports of Mr. Anderson
and Mr. Chamberlin, there is presumably no need to resubmit them, and the briefs in support of the
motion will make reference to the unredacted reports that are already in the Court’s possession. If

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Case 1:16-cv-02242-VEC Document 135 Filed 04/24/20 Page 2 of 2
136
April 24, 2020
Page 2

this is not the case and the Court did not retain copies of the unredacted reports, the parties request
leave to electronically file redacted reports and resubmit the unredacted reports pursuant to the plan
you previously approved on October 1, 2019.
In addition, the Defendants’ Memorandum of Law in support of the Motion for
Reconsideration will contain Plaintiffs’ confidential financial information. The Defendants
therefore request leave to electronically file a redacted brief followed with the submission of an
unredacted brief to the Court. Given certain constraints imposed by COVID-19, if at all possible, it
would be appreciated if Defendants are granted leave to submit the unredacted Memorandum of
Law by e-mail as a PDF; however, if this approach is unacceptable, the Defendants will find a way
to have the unredacted brief uploaded to a disc or thumb drive and hand-delivered to the Court as
soon as the courthouse reopens for non-essential visitors.
The parties are available for a conference call if the Court has any questions or suggestions
with regard to the foregoing application.
Thank you for your consideration of this matter.
Respectfully submitted,
/s/Daniel J. Fox
Daniel J. Fox of
LEWIS BRISBOIS BISGAARD & SMITH LLP
DJF
cc: All counsel of record via ECF

Application GRANTED. The parties do not need to
resubmit the unredacted expert reports. Defendants may file
their memorandum of law with appropriate redactions
concerning Plaintiffs' financial information and may file the
unredacted version on ECF, using the appropriate privacy
settings. If Defendants are unable to submit the unredacted
version on ECF, they may email it to the Court.
SO ORDERED.

HON. VALERIE CAPRONI
UNITED STATES DISTRICT JUDGE

LEWIS BRISBOIS BISGAARD & SMITH LLP
www.lewisbrisbois.com

4852-0940-8699.1

4/24/2020