Joint Stock Company "Channel One Russia Worldwide" v. Russian TV Company Inc. et al

Filing 331

ORDER granting in part 327 Letter Motion to Seal; granting in part 330 Letter Motion to Seal. The Court has received and reviewed defendants' sealing motion at Dkt. No. 327 and plaintiff's sealing motion at Dkt. No. 330. Defendants& #039; motion is GRANTED IN PART, and plaintiff's motion is GRANTED, as follows: Defendants seek to seal Exhibits E and F to the Hogan Declaration (Dkt. Nos. 328-8 and 328-9), which contain personally identifying information regarding multiple non-party customersof defendant RTV. That information may appropriately be sealed. Defendants also seek to seal Exhibits G and H to the Hogan Declaration (Dkt. Nos. 328-10 and 328-11) to protect "sensitive business information" of nonpart y Kartina. Exhibit G appears to list payments made by defendant Rudik to Kartina, from 2011 to 2017, for access codes. Exhibit H is an email from a Kartina executive concerning its sale of access codes to defendants. These topics have been discuss ed at length in publicly-filed documents in this action. See, e.g., Amended Findings of Fact and Conclusions of Law (Dkt. No. 292) at 3-4, 6, 12. It is not obvious to the Court what, if anything, is sufficiently "sensitive" in Exhibits G and H to justify sealing, and defendants offer no explanation in their letter-application. Plaintiff does not oppose defendants' sealing request, and asks that the Court extend its sealing order to Exhibits 2, 4, and 5 to the Rowley Declarati on (Dkt. Nos. 323-2, 323-4, and 323-5), which consist of annotated versions of documents that defendants previously filed under seal. All three exhibits contain personally identifying information regarding multiple non-party customers of defendant RTV. That information may appropriately be sealed. Consequently, it is hereby ORDERED that Dkt. Nos. 323-2, 323-4, 323-5, 328-8, and 328-9 will be maintained under seal at their current viewing level. The remainder of the Hogan Declaration (including all of its exhibits except Exhibits E and F) will be placed in public view. (Signed by Magistrate Judge Barbara C. Moses on 1/27/2022) (rro)

Case 1:18-cv-02318-LGS-BCM Document 331 Filed 01/27/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
JOINT STOCK COMPANY "CHANNEL
ONE RUSSIA WORLDWIDE,"
Plaintiff,
-against-

01/27/2022
18-CV-2318 (LGS) (BCM)
ORDER

RUSSIAN TV COMPANY, INC., et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
The Court has received and reviewed defendants' sealing motion at Dkt. No. 327 and
plaintiff's sealing motion at Dkt. No. 330. Defendants' motion is GRANTED IN PART, and
plaintiff's motion is GRANTED, as follows:
Defendants seek to seal Exhibits E and F to the Hogan Declaration (Dkt. Nos. 328-8 and
328-9), which contain personally identifying information regarding multiple non-party customers
of defendant RTV. That information may appropriately be sealed.
Defendants also seek to seal Exhibits G and H to the Hogan Declaration (Dkt. Nos. 32810 and 328-11) to protect "sensitive business information" of nonparty Kartina. Exhibit G appears
to list payments made by defendant Rudik to Kartina, from 2011 to 2017, for access codes. Exhibit
H is an email from a Kartina executive concerning its sale of access codes to defendants. These
topics have been discussed at length in publicly-filed documents in this action. See, e.g., Amended
Findings of Fact and Conclusions of Law (Dkt. No. 292) at 3-4, 6, 12. It is not obvious to the Court
what, if anything, is sufficiently "sensitive" in Exhibits G and H to justify sealing, and defendants
offer no explanation in their letter-application. 1

At present, the entire Hogan declaration (Dkt. No. 328), including all of its exhibits, is under
temporary electronic seal.

11

Case 1:18-cv-02318-LGS-BCM Document 331 Filed 01/27/22 Page 2 of 2

Plaintiff does not oppose defendants' sealing request, and asks that the Court extend its
sealing order to Exhibits 2, 4, and 5 to the Rowley Declaration (Dkt. Nos. 323-2, 323-4, and 3235), which consist of annotated versions of documents that defendants previously filed under seal. 2
All three exhibits contain personally identifying information regarding multiple non-party
customers of defendant RTV. That information may appropriately be sealed.
Consequently, it is hereby ORDERED that Dkt. Nos. 323-2, 323-4, 323-5, 328-8, and 3289 will be maintained under seal at their current viewing level. The remainder of the Hogan
Declaration (including all of its exhibits except Exhibits E and F) will be placed in public view.
Dated: New York, New York
January 27, 2022

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

2

At present, Exhibits 2, 4, and 5 to the Rowley Declaration are under temporary electronic seal.
The declaration itself (Dkt. No. 323) is publicly available, as are its other exhibits.
2