Thales Avionics, Inc. v. L3 Technologies, Inc.

Filing 58

ORDER granting #55 Letter Motion to Seal. Defendant's application is GRANTED. Documents attached as Exhibits 1 through 7 to the White declaration (ECF Nos. 56, 57) shall remain under seal. The Clerk of the Court is respectfully directed to terminate ECF 55. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/7/2024) (jca)

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February 6, 2024
Via ECF
The Hon. Robyn F. Tarnofsky,
Daniel Patrick Moynihan Courthouse,
United States Courthouse,
500 Pearl Street,
New York, NY 10007.
Re:

Defendant's application is GRANTED. Documents attached as
Exhibits 1 through 7 to the White declaration (ECF Nos. 56, 57) shall
remain under seal.
The Clerk of the Court is respectfully directed to terminate
ECF 55.
Dated: February 7, 2024
New York, New York

Thales Avionics, Inc. v. L3 Technologies, Inc.,
No. 24-cv-112 (JGK) (RFT)

Dear Magistrate Judge Tarnofsky:
On behalf of Defendant L3 Technologies, Inc. (together with its parent,
L3Harris Technologies, Inc., “L3Harris”), and in accordance with Rule III.E of Your
Honor’s Individual Practices, I respectfully request that the Court permit L3Harris to file
under seal certain exhibits attached to my Supplemental Declaration (the “Declaration”)
in support of Defendant’s Opposition to Plaintiff’s Motion for a Preliminary Injunction in
Aid of Arbitration. In particular, L3Harris seeks permission to file under seal Exhibits 1
through 7 to my Declaration attached hereto.
These exhibits contain confidential and competitively sensitive
information that is similar to the materials that this Court has previously ordered filed
under seal. (ECF Nos. 36, 40.) L3Harris incorporates and relies on the arguments set
forth in its prior letter to seal such material. (ECF No. 30.) The exhibits to the present
Declaration contain documents that Plaintiff produced in response to Magistrate Judge
Tarnofsky’s order, which permitted Plaintiff to designate the documents “as highly
confidential and for outside counsel’s eyes only.” (ECF No. 45.) All of these
documents, which consist of confidential communications produced to L3Harris by
Plaintiff, are designated “as highly confidential and for outside counsel’s eyes only.”
Unlike documents such as a complaint or a motion for summary judgment, these
communications are not “highly relevant to the exercise of Article III power” and there is
not a strong public interest in their disclosure. Bernstein v. Bernstein Litowitz Berger &
Grossman LLP, 814 F.3d 132, 142 (2d Cir. 2016).

The Hon. Robyn F. Tarnofsky

-2-

For the foregoing reasons, L3Harris respectfully requests that the Court
permit Exhibits 1 through 7 to be filed under seal.
Respectfully submitted,
/s/ Thomas C. White
Thomas C. White
cc:

All Counsel of Record (By ECF)