Wandel v. Gao et al

Filing 45

ORDER granting 36 Letter Motion to Seal; terminating 37 Motion to Withdraw as Attorney. The motion is granted. Unredacted copies of the memo of law and declaration of support may be filed ex-parte and under seal. Redacted copies of the m emo of law and declaration of support may be publicly filed and served on counsel of record. The moving party is directed to deliver to Phoenix Tree Holdings Limited by mail a copy order, together with notice that corporations could only appear by an attorney. SO ORDERED.. (Signed by Judge Paul A. Crotty on 2/23/2021) (ks)

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Wandel v. Gao, et al., No. 20-cv-3259-PAC

Dear Judge Crotty:
We represent Defendant Phoenix Tree Holdings Limited (“Phoenix Tree”) in the abovecaptioned action. Pursuant to Your Honor’s Individual Practices, we write to request permission
to file certain documents in support of Latham & Watkins LLP’s (“Latham”) Motion for Leave
to Withdraw (“Motion”) ex parte and under seal. Specifically, we seek to file unredacted copies
of the Memorandum of Law and the Declaration of Jason C. Hegt, dated February 10, 2021, both
in support of the Motion, ex parte and under seal for the reasons below.
While there is a presumption of public access to judicial documents, courts have
“considerable discretion in determining whether good cause exists to overcome the presumption
of open access to documents.” Geller v. Branic Int’l Realty Corp., 212 F.3d 734, 738 (2d Cir.
2000); see also Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006)
(“[T]he weight to be given the presumption of access must be governed by the role of the
material at issue in the exercise of Article III judicial power and the resultant value of such
information to those monitoring the federal courts. . . . [A]fter determining the weight of the

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presumption of access, the court must balance competing considerations against it . . . [including]
the privacy interests of those resisting disclosure.”) (citations and internal quotation marks
omitted).
Courts in this district routinely allow documents in support of motions to withdraw as
counsel to be filed ex parte and under seal where necessary to preserve the confidentiality of the
attorney–client relationship between a party and its counsel. See C.D.S. Inc. v. Zetler, 16-CV3199 (VM) (JLC), 2017 WL 1103004, at *4 n.2 (S.D.N.Y. Mar. 23, 2017) (noting that it is
“typical” for counsel seeking to withdraw “to submit its memorandum and any supporting
materials ex parte given that the attorney-client relationship is implicated in the nature of its
application”); Team Obsolete Ltd. v. AHRMA Ltd., 464 F. Supp. 2d 164, 165–66 (E.D.N.Y.
2006) (concluding after a review of relevant case law that “this method is viewed favorably by
the courts”); Weinberger v. Provident Life & Cas. Ins. Co., No. 97-cv-9262, 1998 WL 898309, at
*1 (S.D.N.Y. Dec. 23, 1998) (“[I]t is appropriate for a Court considering a counsel’s motion to
withdraw to consider in camera submissions in order to prevent a party from being prejudiced by
the application of counsel to withdraw.”).
For the foregoing reasons, Latham respectfully requests that unredacted copies of the
Memorandum of Law and Declaration be filed ex parte and under seal in order to protect the
confidentiality interests of Phoenix Tree. In accordance with your Individual Practices, we will
publicly file redacted versions of the Memorandum of Law and Declaration, which will be
served on all counsel of record. Along with the Motion, Latham will also serve a complete and
unredacted version of the Memorandum of Law and Declaration on Phoenix Tree.

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Respectfully submitted,
/s/ Eric F. Leon
Eric F. Leon
of LATHAM & WATKINS LLP
Attorneys for Defendant Phoenix Tree
Holdings Limited

cc: All counsel of record (via ECF)

2/23/2021
The motion is granted. Unredacted copies of the memo of law and declaration of
support may be filed ex-parte and under seal. Redacted copies of the memo of law and
declaration of support may be publicly filed and served on counsel of record. The
moving party is directed to deliver to Phoenix Tree Holdings Limited by mail a copy
order, together with notice that corporations could only appear by an attorney. SO
ORDERED.