International Alliance of Theatrical Stage Employees (I.A.T.S.E.) et al v. That's Amore Movie, LLC

Filing 33

ORDER temporarily granting 26 Letter Motion to Seal. The motion to seal is granted temporarily. The Court will assess whether to keep the documents at issue sealed or redacted when resolving the underlying dispute. The Clerk of Court is directed to terminate ECF No. 26. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/6/24) (yv)

SPIVAKLIPTONLLP
ATTORNEYS AT LAW

Hope Pordy
[e-mail]
1040 Avenue of the Americas, 20th Floor
New York, NY 10018
T 212.765.2100
F 212.765.8954
spivaklipton.com

February 5, 2024
VIA ECF
Hon. Jesse M. Furman
United States District Court
Southern District of New York
40 Centre Street, Room 2202
New York, NY 10007
Re:

International Alliance of Theatrical Stage Employees (I.A.T.S.E.), et al v. That’s
Amore Movie, LLC, Case No. 23-cv-10731 (JMF)

Dear Judge Furman:
I represent the Plaintiffs – International Alliance of Theatrical Stage Employees
(I.A.T.S.E.), Local 600, International Cinematographers Guild, Local 700, Motion Picture
Editors Guild, Local 161, Script Supervisors, Production Coordinators, and Accountants, Local
798, Make-Up Artists and Hair Stylists, Local 764, Theatrical Wardrobe Union, Local 52,
Motion Picture Studio Mechanics, and United Scenic Artists, Local USA 829 (“collectively
referred to herein as “Plaintiffs”) – in the above-referenced lawsuit brought against That’s
Amore Movie, LLC (“Defendant” or “That’s Amore”).
On or about January 30, 2024, Your Honor granted Defendant’s Letter Motion to Seal
Certain Limited Portions of its Opposition to Plaintiffs’ Petition to Confirm Arbitration Award
and Application for Attorneys Fees and Costs [ECF Dkt. Nos. 20 and 23]. On or about December
20, 2023, Your Honor granted Plaintiffs’ Letter Motion to Seal the parties’ Mutual General
Release and Settlement Agreement (“Settlement Agreement”), which was fully executed by the
parties on August 18, 2023 (“Sealing Order”) [ECF Dkt. Nos. 6 and 10].
Pursuant to the January 30, 2024 Order, the Sealing Order, and Your Honor’s Individual
Rule of Practice 7, Plaintiffs request leave to file under seal certain limited portions of its Reply
to Defendant’s Opposition to Plaintiffs Petition to Confirm Arbitration Award and Application
for Attorneys Fees and Costs and accompanying papers. Plaintiffs seek to quote directly from
portions of the Settlement Agreement in support of their Reply and request the Court’s
permission to file it under seal given the confidentiality clause contained therein and the Court’s
prior Sealing Order.

Hon. Jesse M. Furman
Page 2
Accordingly, Plaintiffs respectfully request that they be permitted to file certain limited
portions of their Reply Memorandum of Law, and accompanying papers, under seal in
compliance with the confidentiality terms of the Settlement Agreement and consistent with
Defendant’s request [ECF Dkt. Nos. 20 and 23], and for the reasons stated in Plaintiffs’ initial
Letter Motion to Seal [ECF Dkt. Nos. 6 and 10].
A proposed order is attached.
Respectfully submitted,
SPIVAK LIPTON LLP
Attorneys for Plaintiffs International
Alliance of Theatrical Stage Employees
(I.A.T.S.E.), Local 600, International
Cinematographers Guild, Local 700, Motion
Picture Editors Guild, Local 161, Script
Supervisors, Production Coordinators, and
Accountants, Local 798, Make-Up Artists
and Hair Stylists, Local 764, Theatrical
Wardrobe Union, Local 52, Motion Picture
Studio Mechanics, United Scenic Artists,
Local USA 829
By:
/s/
Hope Pordy
1040 Avenue of the Americas, 20th Floor
New York, NY 10018
[phone]
[e-mail]

Cc:

John M. Gatti, Esq.
Lauren Fried, Esq.
Loeb & Loeb LLP
10100 Santa Monica Blvd., Ste 2200
Los Angeles, CA 90067
[e-mail]
[e-mail]
Attorneys for Defendant
That’s Amore Movie, LLC

The motion to seal is granted temporarily. The
Court will assess whether to keep the documents at
issue sealed or redacted when resolving the
underlying dispute. The Clerk of Court is directed
to terminate ECF No. 26.
SO ORDERED.

February 6, 2024