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

Filing 386

ORDER granting 383 Letter Motion to Seal. Defendant EEA Life Settlements, Inc.'s letter-motion seeking to file ECF No. 384-1 (Exhibit 1) under seal (ECF Nos. 383) is GRANTED, and the document at ECF No. 384-1 shall remain visible only to the selected parties. The Clerk of Court is respectfully directed to close ECF No. 383. (Signed by Magistrate Judge Sarah L Cave on 10/27/2022) (ate)

Case 1:17-cv-07417-JLR-SLC Document 386 Filed 10/27/22 Page 1 of 1

Lauren F. Dayton
MoloLamken LLP
430 Park Avenue
New York, NY 10022
T: 212.607.8176
F: 212.607.8161
[e-mail]
www.mololamken.com

October 26, 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:

Defendant EEA Life Settlements, Inc.'s letter-motion seeking to file
ECF No. 384-1 (Exhibit 1) under seal (ECF Nos. 383) is GRANTED,
and the document at ECF No. 384-1 shall remain visible only to the
selected parties.
The Clerk of Court is respectfully directed to close ECF No. 383.
SO ORDERED 10/27/22

Coventry Capital US LLC v. EEA Life Settlements, Inc., et al.,
No. 17 Civ. 7417 (JLR) (SLC)

Dear Judge Cave:
We write respectfully on behalf of Defendant EEA Life Settlements, Inc. to request
permission to file under seal Exhibit A, Dkt. 384-1, appended to EEA’s letter in opposition to
Plaintiff Coventry Capital US LLC’s motion to compel, Dkt. 384.
When considering a motion to seal, despite the presumption in favor of public access, the
court must consider the “ ‘the privacy interests of those resisting disclosure.’ ” Lugosch v. Pyramid
Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Courts will commonly grant a request to seal
documents containing “proprietary business information, such as internal analyses, business
strategies or customer negotiations” because disclosure of that information could “provide
competitors with an unearned advantage.” SEC v. Telegram Grp., Inc., No. 19 Civ. 9439, 2020
WL 3264264, at *3 (S.D.N.Y. June 17, 2020). Moreover, courts “regularly seal” medical
information of non-parties because of the “significant privacy rights to [ ] medical information.”
Robinson v. De Niro, No. 19 Civ. 9156, 2022 WL 2712827, at *2 (S.D.N.Y. July 13, 2022).
Because of those significant privacy rights, the Local Rules of this Court advise that such
information “not be in the public file.” S.D.N.Y. Loc. R. 5.2, 2013 Committee Note.
Exhibit A is Coventry’s requests for admission to EEA. Those requests reveal confidential
information pertaining to: (1) EEA’s and Coventry’s negotiations and their respective valuations
of EEA’s life-settlement portfolio; and (2) diagnoses of individuals whose policies were in EEA’s
portfolio. As such, we request that the Court permit Exhibit A, Dkt. 384-1, to remain under seal.
We thank the Court for its consideration.

cc: All counsel of record

Respectfully submitted,
/s/ Lauren F. Dayton
Lauren F. Dayton