Manbro Energy Corporation v. Chatterjee Advisors, LLC et al
ORDER granting 303 Letter Motion to Seal. Application GRANTED for substantially the reasons stated above. The Clerk of Court is respectfully directed to maintain under seal all documents currently filed under seal. (Signed by Judge Lorna G. Schofield on 1/18/2023) (mml)
Case 1:20-cv-03773-LGS Document 306 Filed 01/18/23 Page 1 of 1
King & Spalding LLP
1185 Avenue of the Americas, 34th Floor
New York, NY 10036-4003
Tel: +1 212 556 2100
Fax: +1 212 556 2222
January 13, 2023
Mark A. Kirsch
Direct Dial: +1 212 790 5329
Direct Fax: +1 212 556 2222
The Honorable Lorna G. Schofield
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re: Manbro Energy Corp. v. Chatterjee Advisors, LLC, No. 20 Civ. 3773 (LGS) (S.D.N.Y.)
Dear Judge Schofield:
I write respectfully on behalf of Defendants regarding the Court’s January 9, 2023 Order,
Dkt. No. 301, which (among other things) seeks Manbro’s position regarding the sealing of
Exhibit A to the Declaration of Mark A. Kirsch in Opposition to Plaintiff’s Motions in Limine.
Defendants previously sought leave to file Exhibit A under seal, see Dkt. No. 274, and
respectfully request that this exhibit remain sealed.
Exhibit A contains “[i]nformation . . . that [Defendants] reasonably and in good faith
believe contains or would disclose non-public, confidential, proprietary, financial, . . . or
commercially sensitive information.” Dkt. No. 51 § 1.3. Specifically, this exhibit includes
confidential and personal information regarding non-party investors in Haldia Petrochemicals
Ltd., which is also a non-party. See Dkt. No. 278-1. This information is properly regarded as
confidential and subject to sealing. See Kewazinga Corp. v. Google LLC, 2020 WL 8224932, at
*1 (S.D.N.Y. July 22, 2020) (granting request to file exhibits under seal “to prevent the
unauthorized dissemination of the parties’ confidential business information . . . and third-party
confidential business information and personal information”); see also United States v. Amodeo,
71 F.3d 1044, 1050 (2d Cir. 1995) (“the privacy interests of innocent third parties should weigh
heavily in a court’s balancing equation” when deciding a motion to seal). The Court has
previously granted motions to seal similar information, see Dkt. Nos. 94, 215, 302. Accordingly,
Defendants respectfully request that Exhibit A remain sealed.
We thank the Court for its consideration of this request.
/s/ Mark A. Kirsch
Mark A. Kirsch
Cc: All counsel of record (via ECF)
Application GRANTED for substantially the reasons stated above.
The Clerk of Court is respectfully directed to maintain under seal
all documents currently filed under seal.
Dated: January 18, 2023
New York, New York
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