Energy Transportation Group, Inc. v. Borealis Maritime Limited

Filing 210

Vacated as to sealing per Judge's Order dated 7/3/2024, Doc. # 211 ORDER granting 201 Letter Motion to Seal; granting 202 Letter Motion for Leave to File Document; granting 203 Letter Motion for Leave t o File Document; granting 206 Letter Motion to Seal; granting 207 Letter Motion for Leave to File Document. Accordingly: 1. Plaintiff's request to file a motion for partial summary judgment is GRANTED; 2. Defendant's request to file a motion for summary judgment is GRANTED 3. By August 5, 2024, Plaintiff shall file its motion for partial summary judgment and any supporting papers; 4. By September 5, 2024, Defendant shall file its motion for summary judgment, opposition to Plaint iff's motion, and any supporting papers; 5. By September 26, 2024, Plaintiff shall file its opposition to Defendant's motion and its reply, if any; and 6. By October 10, 2024, Defendant shall file its reply, if any. Defendant also requests to seal certain language in Plaintiff's response to its 56.1 Statement pertaining to settlement discussions between the parties. ECF No. 206. "[T]he presumption of access to settlement negotiations, draft agreements, and conference state ments is negligible to nonexistent." United States v. Glens Falls Newspapers, Inc., 160 F.3d 853, 858 (2d Cir. 1998). The Court has reviewed Defendant's proposed redactions and finds that they narrowly pertain to settlement discussions. The Court concludes, therefore, that Defendant has met its burden to demonstrate that the interests in filing the relevant language under seal outweigh the presumption of public access under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Accordingly, the motion is GRANTED. The Clerk of Court is respectfully directed to terminate the motions at ECF Nos. 201, 202, 203, 206, and 207. SO ORDERED. (Signed by Judge Analisa Torres on 7/2/2024) (mml) Modified on 7/3/2024 (vfr).

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