Leibowitz et al v. iFinex Inc. et al

Filing 192

ORDER granting 189 Letter Motion to Seal. Application GRANTED. The above-specified documents specified above, which are located at docket entry 190, are hereby permitted to be filed under seal, viewable only to the parties and the Court. The Clerk of Court is directed to terminate the pending motion at docket entry 189. (Signed by Judge Katherine Polk Failla on 11/18/2021) (rro)

Case 1:19-cv-09236-KPF Document 192 Filed 11/18/21 Page 1 of 2

O’Melveny & Myers LLP
Times Square Tower
7 Times Square
New York, NY 10036-6537

T: [phone]
F: [phone]
omm.com

Abby F. Rudzin
D: [phone]
[e-mail]

November 12, 2021
VIA ECF
The Honorable Katherine Polk Failla
U.S. District Court for the Southern District of New York
40 Foley Square, Courtroom 618
New York, NY 10007
Re:

MEMO ENDORSED

In re Tether and Bitfinex Crypto Asset Litigation, No. 1:19-cv-09236-KPF
Letter-Motion to File Attachments to Pre-Motion Letter Under Seal

Dear Judge Failla:
Defendants Bittrex, Inc., and Poloniex, LLC (the “Exchange Defendants”) write to seek
leave to file certain documents under seal. Simultaneously with this letter-motion, the Exchange
Defendants have filed with the Court a letter requesting a pre-motion conference to discuss the
Exchange Defendants’ proposed motion for summary judgment and limited discovery pending
resolution of that motion (the “Pre-Motion Letter”). Exhibit A to the Pre-Motion Letter is an
e-mail from the Exchange Defendants to plaintiffs attaching a sworn declaration from the owner
of the Bittrex and Poloniex accounts at issue in this case (the “Declaration”). Exhibit B to the
Pre-Motion letter is a letter from the declarant describing the security concerns he has about
being publicly identified (the “Declarant Letter”).
Under Federal Rule of Civil Procedure 5.2 and this Court’s Individual Rules, the
Exchange Defendants respectfully seek leave to file both the Declaration and the Declarant
Letter under seal. As explained in the Declaration and the Declarant Letter, individuals who
hold large amounts of cryptocurrency are often targeted by criminals who use hacking
techniques or physical threats to try to steal their cryptocurrency in an irreversible transaction.
The Declaration and the Declarant Letter include information that could expose the declarant to
risk if they were publicly filed.
The Exchange Defendants therefore respectfully request that the Declaration and the
Declarant Letter be filed under seal.
Respectfully submitted,
/s/ Abby F. Rudzin
Abby F. Rudzin
of O’Melveny & Myers LLP
Counsel for Defendant Bittrex, Inc.
cc:

All Counsel of Record via ECF
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Case 1:19-cv-09236-KPF Document 192 Filed 11/18/21 Page 2 of 2
Application GRANTED. The above-specified documents specified above,
which are located at docket entry 190, are hereby permitted to be filed
under seal, viewable only to the parties and the Court.
The Clerk of Court is directed to terminate the pending motion at docket
entry 189.
Date:

November 18, 2021
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE