DoorDash, Inc. v. City Of New York

Filing 246

ORDER granting (245) Letter Motion to Seal in case 1:21-cv-07695-AT-SLC. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 11/25/2024) Filed In Associated Cases: 1:21-cv-07695-AT-SLC, 1:21-cv-10347-AT-SLC, 1:21-cv-10602-AT-SLC (jjc)

11/25/2024
November 22, 2024
VIA ECF
The Honorable Analisa Torres
United States District Judge
Southern District of New York
500 Pearl Street, New York, NY 10007
Re:

DoorDash, Inc. v. City of New York, No. 21-cv-7695
Portier, LLC v. City of New York, No. 21-cv-10347
Grubhub Inc. v. City of New York, No. 21-cv-10602

Dear Judge Torres:
Plaintiff DoorDash, Inc. (“DoorDash”) respectfully submits this letter motion to request
that the “temporar[y] seal[]” currently placed on the document at ECF No. 227-34 be made
permanent. 1 See S.D.N.Y. Electronic Case Filing Rule 21.7 (mistaken filing of sensitive or
confidential information). One exhibit within this document, DD-151, is a contract between
DoorDash and a non-restaurant third-party marketing-services provider. The contract contains
non-redacted references to identifiable features of the third party that, if viewed in toto, could
reveal the party’s identity, given that very few entities provide these specific services on a scale
sufficient to serve DoorDash end users. DoorDash thus seeks to narrowly redact words and phrases
in Exhibit DD-151 that would effectively disclose the identity of the third-party vendor and thereby
reveal key language the vendor contains within its agreements. See generally ECF. No. 213 at 7–
8 (Sealing Order).
Accordingly, DoorDash respectfully requests that the Court “formally seal[]” ECF No.
227-34 and permit DoorDash to file an updated version of ECF No. 227-34 that would, in addition
to preserving all original redactions within the file, narrowly redact references in Exhibit DD-151
to certain words and phrases related to the third party’s identifiable services. See ECF Filing Rule
21.7(b)–(c). For the avoidance of doubt, the other 62 attachments to ECF No. 227 (Declaration of
Anne Champion in support of Plaintiffs’ Renewed Omnibus Letter Motion to Seal) would remain
on the docket as the public filing.
To ensure consistency between the public and under-seal versions of DD-151, DoorDash
also respectfully requests leave to file an updated sealed counterpart, which would replace ECF
No. 234-16 (sealed exhibit containing DD-151). 2

1

Citations to ECF docket entries refer to DoorDash, Inc. v. City of New York, No. 21-cv-7695AT-SLC, except where otherwise noted.

2

The corresponding ECF numbers on Portier, LLC’s docket (Case No. 21-cv-10347) are ECF
Nos. 196-34 (public version, now temporarily under seal pursuant to ECF Rule 21.7(a)) and 203-

Gibson, Dunn & Crutcher LLP
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November 22, 2024
Page 2
In sum, DoorDash respectfully requests that the Court:
1. Formally seal ECF No. 227-34, which contains the current public version of DD-151,
pursuant to S.D.N.Y Electronic Case Filing Rule 21.7(b).
2. Grant DoorDash leave to file an updated public (redacted) version of ECF No.
227-34. For the avoidance of doubt, DoorDash would do so by again filing the
Declaration of Anne Champion in support of Plaintiffs’ Renewed Omnibus Letter
Motion (i.e., the same declaration on file at ECF Nos. 227 and 234) along with an
updated public (redacted) version of ECF No. 227-34 only. The other 62 attachments
to the Champion Declaration would not be refiled, as they remain on the docket as
DoorDash’s public filing under ECF No. 227.
3. Grant DoorDash leave to file an updated sealed (highlighted) version of ECF No.
234-16, which contains the sealed (highlighted) counterpart to the redacted version of
DD-151. For the avoidance of doubt, DoorDash would do so by again filing under seal
the Declaration of Anne Champion in support of Plaintiffs’ Renewed Omnibus Letter
Motion along with an updated (highlighted) version of ECF No. 234-16. The other 34
attachments to ECF No. 234 would not be refiled, as they remain on the docket as
DoorDash’s sealed filing under ECF No. 234.
Respectfully submitted,
GRANTED.
SO ORDERED.
Dated: November 25, 2024
New York, New York