BDG Gotham Residential, LLC et al v. Western Waterproofing Company, Inc. et al.

Filing 120

ORDER granting 117 Letter Motion to Seal. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/2/2022) (rro)

Case 1:19-cv-06386-CM-BCM Document 120 Filed 08/02/22 Page 1 of 1

Brian E. Gunther
[e-mail]

August 2, 2022
BY ECF
Honorable Barbara Moses
United States District Court
Southern District of New York
Daniel Patrick Moynihan Courthouse
500 Pearl Street, Room 740
New York, NY 10007
Re:

08/02/2022

BDG Gotham Residential, LLC and ZDG, LLC v. Western Waterproofing
Company, Inc. d/b/a Western Specialty Contractors and Western Surety
Company; Case No. 19-cv-06386 (CM)(BCM) [rel. 20-cv-03199]

Dear Judge Moses:
We are the attorneys for defendants Western Waterproofing Company, Inc. and
Western Surety Company (collectively, “Western”) in the above-captioned action. We
submit this letter motion pursuant to section 3 of Your Honor’s Individual Practices to
request permission to file a copy of the Deferred Prosecution Agreement and accompanying
Statement of Facts (collectively, the “DPA”) that is referenced in the August 1, 2022 joint
letter submitted by all parties (Dkt#116).
As indicated in the August 1, 2022 letter, all parties have agreed to filing the DPA
under seal in order to assist the Court in determining whether various statements contained
therein are admissible in this litigation.
In support of this application, Western notes that on or about March 16, 2022, the
criminal matter against Western was closed, and all records relating to the matter were sealed
pursuant to NY Criminal Procedure Law 160.50. A copy of the Certificate of Disposition
Dismissal from the Supreme Court of the State of New York, New York County, deeming
the prosecution a nullity and sealing all official records and papers related to the case was
previously filed (Dkt #108).
Accordingly, it is respectfully requested that the parties be permitted to file the DPA
under seal. Thank you for your consideration.
Application GRANTED. SO ORDERED.

__________________________
Barbara Moses, U.S.M.J.
August 2, 2022

Respectfully submitted,
/s/Brian E. Gunther
Brian E. Gunther