Vinci Brands LLC v. Coach Services, Inc. et al

Filing 640

ORDER granting 635 Letter Motion to Seal. Application GRANTED. The referenced memorandum of law may be filed in redacted form pursuant to the Order at Dkt. 567. The full unredacted version of the referenced memorandum of law has already been filed under seal at Dkt. No. 636. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 635. (Signed by Judge Lorna G. Schofield on 11/25/2024) (mml)

November 22, 2024
Timothy R. Beyer
Partner
Direct: [phone]
[e-mail]

Application GRANTED. The referenced memorandum of law
may be filed in redacted form pursuant to the Order at Dkt. 567.
The full unredacted version of the referenced memorandum of
law has already been filed under seal at Dkt. No. 636.
The Clerk of Court is respectfully directed to close the motion at
Dkt. No. 635.
Dated: November 25, 2024
New York, New York

Honorable Lorna G. Schofield
U.S. District Court Judge
Southern District of New York
40 Foley Square, New York, NY 10007
Via ECF
Re:

Vinci Brands LLC v. Kate Spade LLC et al., 1:23-cv-05138-LGS-VF –
Letter Motion to Seal

Dear Judge Schofield:
Pursuant to Your Honor’s Individual Rule I.D.3, Coach Services, Inc., Kate Spade LLC, and
Tapestry, Inc. (“KSNY”) respectfully request Your Honor’s approval to provisionally seal portions
of KSNY’s memorandum of law in support of its motion to dismiss the Third Amended Complaint
(“TAC”) of Vinci Brands LLC (“Vinci”).
In ruling on a motion to seal, the Court must consider “the privacy interests of those resisting
disclosure.” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (quoting
United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995)). On February 7, 2024, this Court soordered a stipulation and confidentiality agreement (ECF 233, “Protective Order”). Pursuant to
the Protective Order, parties may mark documents produced in discovery as “Confidential” and
“Highly Confidential – Attorney’s Eyes Only.”
On October 10, 2024, the Court granted Vinci’s motion to permanently seal the Asset Purchase
Agreement between Vinci and Onward Brands LLC, which Vinci designated “Highly Confidential
– Attorney’s Eyes Only” under the Protective Order (ECF 567). Because KSNY quotes the Asset
Purchase Agreement in support of its motion to dismiss the TAC, KSNY requests that portions of
KSNY’s memorandum of law be provisionally sealed until Vinci has an opportunity to move to
seal with respect to those portions, pursuant to the protections set forth in the Protective Order.
Accordingly, KSNY has filed an unredacted copy of KSNY’s memorandum of law under seal
pending further Order from the Court.
We thank the Court for its attention to this matter.
Respectfully Submitted,
/s/ Timothy R. Beyer
Timothy R. Beyer