Cengage Learning, Inc. et al v. Doe 1 et al

Filing 155

ORDER granting 147 LETTER MOTION to Seal re Proposed Default Judgment and Exhibits in Support Thereof. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 9/1/2021) (jca)

Case 1:20-cv-00769-JGK-SDA Document 147 Filed 08/31/21 Page 1 of 2
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09/01/21

Matthew I. Fleischman
4530 Wisconsin Avenue, NW
Fifth Floor
Washington, DC 20016
202.480.2965
[e-mail]

August 31, 2021
VIA ECF
The Honorable Judge John G. Koeltl
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Application granted.
SO ORDERED.
September 1, 2021 /s/ John G. Koeltl
New York, NY
John G. Koeltl, U.S.D.J.

Cengage Learning, Inc. et al. v. Trung Kien Nguyen et al.,
S.D.N.Y. Case No. 20-cv-769-JGK

Dear Judge Koeltl:
We represent Plaintiffs Cengage Learning, Inc., Bedford, Freeman & Worth
Publishing Group, LLC d/b/a Macmillan Learning, Elsevier Inc., McGraw Hill LLC, and
Pearson Education, Inc. (“Plaintiffs”) in the above-referenced action. In accordance with
Standing Order 19-MC-583, Section 6 of the S.D.N.Y. Electronic Case Filing Rules and
Instructions, and the Court’s Individual Rules & Practices in Civil Cases, Plaintiffs seek
leave to file under seal Plaintiffs’ the appendices to the Proposed Default Judgment and
Permanent Injunction Order and exhibits to the Declaration of Matthew I. Fleischman
(“Sealed Documents”). Plaintiffs will also file redacted versions of the Sealed Documents
on ECF, which will include all of the contents except Defendant Michael McEvilley’s full
financial account numbers, as described below.
Plaintiffs’ sealing request should be granted because the Sealed Documents contain
Defendant’s full financial account numbers. Federal Rule of Civil Procedure 5.2(a)(4)
mandates that, unless the Court orders otherwise, financial account numbers should be
redacted. In addition to redacted versions of the Sealed Documents, Plaintiffs seek to file
under seal unredacted versions to ensure that, if granted, there is a version of the Court’s
order that contains the full account numbers, which financial institutions need to identify
the relevant accounts.
Based on the above, the continuum that the Court applies, and the balancing of
interests, Plaintiffs have overcome the presumption of a public filing. See Lugosch v.
1

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Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Indeed, the only
information that will be withheld from the public consists of Defendant’s financial account
numbers. This, by its nature, is private information as to the account holder, and is not the
type of information that, if sealed, will impact the judicial process or deprive the public of
needed information. See id. For these reasons, the Court granted Plaintiffs’ leave to file
prior versions of the Sealed Documents under seal in connection with Plaintiffs’ Order to
Show Cause.
Plaintiffs are aware that, absent an order granting this sealing request, the Sealed
Documents will become public.
Thank you for the Court’s consideration of this request.
Sincerely,
/s/ Matthew I. Fleischman
Matthew I. Fleischman

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