Ultra Records, LLC v. Ultra International Music Publishing, LLC

Filing 107

ORDER granting 88 Letter Motion to Seal. The requests are GRANTED. SO ORDERED. (Signed by Judge Arun Subramanian on 5/31/2024) (vfr) Modified on 6/3/2024 (vfr).

Case 1:22-cv-09667-AS Document 88 Filed 05/31/24 Page 1 of 2

BRUCE R. EWING
Partner
[phone]
[e-mail]

May 31, 2024
VIA ECF
Hon. Arun Subramanian
United States District Judge
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Ultra Records, LLC v. Ultra International Music Publishing, LLC, No. 22-cv-09667

Dear Judge Subramanian:
We represent Plaintiff Ultra Records, LLC (“Ultra Records, LLC”) in the abovereferenced action. We write pursuant to Section 11.B and 11.C of Your Honor’s Individual
Practices in Civil Cases (the “Individual Practices”) to request leave to file (i) Exhibit 3 to the
Declaration of Bruce R. Ewing in Opposition to Defendant’s Motion for Partial Summary
Judgment (the “Ewing Declaration”), (ii) Exhibit 2 to the Declaration of Joshua Colangelo-Bryan
in Opposition to Motion to Exclude Evidence Regarding Deductibility of Expenses, and (iii)
Exhibit 1 to the Declaration of Joshua Colangelo-Bryan in Opposition to Motion to Exclude
Expert Jeff Rougvie in redacted form. The reason for this request is that Defendant Ultra
International Music Publishing, LLC (“UIMP”) contends that those exhibits contain confidential
information and has requested that they be filed in redacted form. Ultra Records, LLC takes no
position with respect to the merits of UIMP’s requested redactions.
Ultra Records, LLC also requests leave to file Exhibits 4 and 5 to the Ewing Declaration
(the “Confidential Exhibits”) under seal and to file the Declaration of Carmine Coppola (the
“Coppola Declaration”) in redacted form. The Confidential Exhibits include an Asset
Contribution and Membership Interest Purchase Agreement, as well as the Schedules thereto,
which contain highly confidential business and financial information of Ultra Records, LLC, as
well as personal identifying information and prior salary information of individual employees of
Ultra Records, LLC or its predecessor. The Coppola Declaration references the names of, and
financial information regarding, certain artists, which is highly confidential business information
of Ultra Records, LLC.
While Ultra Records, LLC understands the presumption in favor of public access to
judicial documents, it has strong interests in preventing harms that may come from public
disclosure of its highly confidential business and financial information and other private matters.
See, e.g., Standard Inv. Chartered, Inc. v. Fin. Indus. Regulatory Auth., Ind., 347 Fed. App’x.

51 West 52nd Street | New York, NY | 10019‐6119 | T 212.415.9200 | F 212.953.7201 | dorsey.com 

Case 1:22-cv-09667-AS Document 88 Filed 05/31/24 Page 2 of 2

Hon. Arun Subramanian
May 31, 2024
Page 2
615, 617 (2d Cir. 2009) (upholding a party’s “interest in protecting confidential business
information outweighs the qualified First Amendment presumption of public access”); see also
Bergen Brunswig Corp. v. Ivax Corp., No. 97 CIV. 2003 (PKL), 1998 WL 113976, at *3
(S.D.N.Y. Mar. 12, 1998) (finding that courts have found good cause for permitting filing under
seal where public filing would disclose commercially sensitive and confidential information).
As such, Ultra Records, LLC contends that the Confidential Exhibits should be filed
under seal and the Coppola Declaration should be filed in redacted form.
Ultra Records, LLC thanks the Court for its consideration of this request.

The requests are GRANTED.
SO ORDERED.

Respectfully submitted,
DORSEY & WHITNEY LLP
By: /s/ Bruce R. Ewing
Bruce R. Ewing
51 West 52nd Street
New York, NY 10019
[phone]

Arun Subramanian, U.S.D.J.
Date: May 31, 2024

Attorneys for Plaintiff Ultra Records, LLC

51 West 52nd Street | New York, NY | 10019‐6119 | T 212.415.9200 | F 212.953.7201 | dorsey.com