MV Realty PBC, LLC v. Innovatus Capital Partners, LLC

Filing 136

ORDER denying #130 Letter Motion to Seal. Denied. (Signed by Judge Louis L. Stanton on 6/7/2021) (rro)

ase 1:18-cv-04252-LLS Document 172 Filed 06/02/21 Page 1 of 2

Dechert
LLP

I

DO< '. \ : I ,.

r

Ell:. { TR' 1 '- l (ALLY FILED
DOC#:

0

w

-liSnr , ·,,\·

en

June 2, 2021

0

DATE FILED:....,.._.....6 /........ /~ J
_ 1_ _ _

Cira Centre
2929 Arch Street
Phi ladelphia, PA 19104-2808
[phone] Main
[phone] Fax
www.dechert.com

MICHAE L H. MCGI NLEY

VIAECF

0::
0

z

w

0

~
!u
"'-

>

mi cha [e-mail]
[phone] Direct
[phone] Fax

The Honorable Louis L. staulan
United States District Court
Southern District of New York
Daniel Patrick Moynihan United State Courthouse
500 Pearl Street
New York, NY 10007
Re: Innovatus Capital Partners, LLC v. Neuman, No. 1:18-cv-04252-LLS (S.D.N.Y.) 1 and
MV Realty PBC, LLC v. Innovatus Capital Partners, LLC, No. 1:18-07142-LLS (S .D.N.Y.)
Dear Judge Stanton:
We are counsel to Innovatus Capital Partners, LLC (" lnnovatus"), which is Plaintiff in the first
above-captioned action and Defendant and Cross-Claimant in the second. We write to request
permission to file under seal portions of Innovatus ' June 2, 2021 letter, which is being filed in
response to the May 24, 2021 Letter of Jason C. Raofield seeking a pre-motion conference.
A court may seal judicial documents if that sealing "is essential to preserve higher values and is
narrowly tailored to serve that interest." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120
(2d Cir. 2006) (internal quotations omitted) . Materials that reveal marketing strategy, financial
analysis, and business development strategy are routinely considered highly proprietary by courts
and worthy of protection by sealing from the public. See, e.g., Play tex Products, LLC v. Munchkin,
Inc., 2016 WL 1276450, at *11-12 (S.D.N.Y. March 29, 2016); New York v. Actavis, PLC, 2014
WL 5353774, at *3 (S.D.N.Y. Oct. 21, 2014).
The proposed redactions to the June 2, 2021 letter are aimed at protecting references to and quotes
from information that has been designated by the MV Realty Parties 2 as "HIGHLY
CONFIDENTIAL," which is defined in the Protective Order as "information which is in the
possession of a Designating Party who believes in good faith that the Disclosure of such
information to another Party or non-Party would create a substantial risk of serious financial ,
competitive or other injury that cannot be avoided by less restrictive means ." See Dkt. 75 at 2
1
All citations to "Dkt." herein refer to the docket entries in lnnovatus Capital Partners, LLC v. Neuman,
No. l:18-cv-04252-LLS (S.D.N.Y.).
2

The "MV Realty Parties" refers collectively to Defendants and Cross-Claimants Jonathan Neuman,
Antony Miller, Ritz Advisors, LLC, Greg Williams, Daryl Clark, and Amanda Zachman in the first abovecaptioned action, and Plaintiff MV Realty PBC, LLC in the second above-captioned action.

Case 1:18-cv-04252-LLS Document 172 Filed 06/02/21 Page 2 of 2

Dechert

Hon. Louis L. Stanton
June 2, 2021
Page 2

LLP

(Protective Order). The Protective Order also requires the parties to follow "the procedures
outlined in Fed. R. Civ. P. 5.2., the Standing Order Regarding Electronic Filing Under Seal in Civil
and Miscellaneous Cases dated December 19, 2019, and the Individual Rules of Practice issued of
the Court, or any Standing Procedural Order subsequently issued by the Court." Id. at 11.
Pursuant to the Protective Order, we understand that the MV Realty Parties' designation of these
materials as "HIGHLY CONFIDENTIAL" means that the MV Realty Parties believe the
information contained therein is competitively sensitive and would be harmful if released to the
public. After speaking with counsel for the MV Realty Parties, we also understand that they may
be submitting a letter to the Court supporting this motion to seal by articulating their grounds for
marking these materials as "HIGHLY CONFIDENTIAL."
Accordingly, Innovatus respectfully requests the Court ' s permission to file its June 2, 2021 letter
under seal.

Respectfully,

~-~
Michael H. McGinley

CC: All counsel ofrecord (via ECF)