Coventry Capital US LLC v. EEA Life Settlements, Inc. et al

Filing 341

ORDER granting 338 Letter Motion to Seal. The Letter-Motion at ECF No. 338 to file the documents at ECF No. 339 under seal is GRANTED. The documents at ECF No. 339 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 338. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/25/22) (yv)

The Letter-Motion at ECF No. 338 to file the documents at ECF No. 339 under seal is GRANTED. The documents
at ECF No. 339 shall remain visible only to the selected parties.
The Clerk of Court is respectfully directed to close the Letter-Motion at ECF
SO ORDERED 05/25/2022

Caleb Hayes-Deats
MoloLamken LLP
No.
338.
430 Park Avenue
New York, NY 10022
T: 212.607.8153
F: 212.607.8161
[e-mail]
www.mololamken.com

May 24, 2022
BY ECF
Hon. Sarah L. Cave
U.S. Magistrate Judge
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 1670
New York, NY 10007
Re: Coventry Capital US LLC v. EEA Life Settlements, Inc., No. 17 Civ. 7417-VM-SLC
We write respectfully on behalf of Defendant EEA Life Settlements, Inc. (“EEA”) to
request permission to temporarily file under seal certain portions of EEA’s reply in support of its
letter motion to reopen the depositions of Reid S. Buerger and Joshua May. EEA makes this
request solely to comply with the protective order entered in this case, see Dkt. 225, and not
because it believes sealing is warranted.
Under the terms of the operative protective order, “[a]ny person subject to this Order who
receives from any other person any ‘Discovery Material’ (i.e., information of any kind provided
in the course of discovery in this action) that is designated as ‘Confidential’ or ‘Highly
Confidential — Attorneys’ Eyes Only’ pursuant to the terms of this Order shall not disclose such
Discovery Material to anyone else except as expressly permitted hereunder.” Dkt. 225 ¶ 1.
As EEA previously explained, Coventry has provisionally designated the transcripts from
Mr. Buerger’s and Mr. May’s depositions as confidential. EEA’s reply quotes and describes
portions of those transcripts. It also attaches as an exhibit an email exchange that refers to
testimony during those depositions. EEA does not wish to maintain any of these documents under
seal, and does not believe these documents satisfy the Second Circuit’s standard for sealing. See
Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 121 (2d Cir. 2006). But EEA understands
the protective order to require it to seek the Court’s leave to temporarily file under seal material
that Coventry has provisionally designated as confidential.
EEA further requests that the Court set a schedule by which Coventry may move to
maintain the information under seal. EEA intends to oppose any such motion. We thank the Court
for considering this letter.
Respectfully submitted,

Caleb Hayes-Deats