Chenming Holdings (Hong Kong) Limited v. John Does 1-10

Filing 140

ORDER granting in part 127 Letter Motion to Seal. Application GRANTED in part. The Court will permit Defendants Val Sklarov and Tetyana Sklarov (together, the "Defendants") to file the discussed exhibits under seal. However, as it stan ds, Defendants have only filed the sealed versions of the exhibits on the docket. In accordance with Rule 9 of this Court's Individual Rules of Practice in Civil Cases, Defendants are instructed to electronically file under seal a copy of the D eclarations of Tetyana Vasziliv (Dkt. #130) and Val Sklarov (Dkt. #131), and the exhibits attached thereto. Once filed, these documents will remain viewable to the Court and the parties only. The Clerk of Court is directed to terminate the pending motion at docket entry 127. (Signed by Judge Katherine Polk Failla on 3/10/2025) (rro)

Allon Lifshitz
212 682 9413
[e-mail]
March 7, 2025
VIA ECF
The Honorable Katherine Polk Failla
United States District Court
Southern District of New York
40 Foley Square
New York, NY 10007

MEMO ENDORSED

Re: Chenming Holdings v. Sklarov, et al., 24 CV 935 (KPF) (S.D.N.Y.)
Dear Judge Failla,
This firm represents defendants Val Sklarov and Tetyana Sklarov (together, “Moving
Defendants”) in the above-captioned case.
Together with Moving Defendants’ Memorandum in Further Support of their Motion to
Dismiss the Second Amended Complaint, we are filing supplemental declarations by each of the
Moving Defendants (the “Supplemental Declarations”).
The exhibits to the Moving Defendant’s Supplemental Declarations have been redacted
for sensitive information pursuant to Federal Rule of Civil Procedure 5.2 and Your Honor’s
Individual Rule of Practice 9.A.
In addition, with Plaintiff’s consent, we respectfully request to file two of the exhibits to
the Supplemental Declarations under seal: Exhibit 7 to Tetyana Sklarov’s Supplemental
Declaration and Exhibit 4 to Val Sklarov’s Supplemental Declaration (the “Sealed Exhibits”).
The Sealed Exhibits contain letter certifications from the schools that Moving Defendants’ minor
children attend, and filing these exhibits under seal is necessary to protect their privacy.
The Sealed Exhibits are relevant to Moving Defendants’ motion to dismiss because they
contain evidence about where Moving Defendants’ currently reside, which supports Moving
Defendants’ arguments as to subject matter jurisdiction.
“Documents may be sealed if specific, on the record findings are made demonstrating
that closure is essential to preserve higher values [than the right of public access] and is narrowly
tailored to serve that interest.” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir.
2006) (citing In re New York Times Co., 828 F.2d 110, 116 (2d Cir. 1948). “The privacy interests
of third parties should weigh heavily in a court’s balancing equation.” Fairstein v. Netflix Inc.,
20 CV 8042 (PKC), 2024 WL 2326741, at *1 (S.D.N.Y. May 21, 2024). Courts “generally

January 6, 2025
Page 2
permit medical and other sensitive information of minors to remain under seal.” J.L. on behalf of
J.P. v. New York City Department of Education, 17 CV 7150 (PAC) (KHP), 2024 WL 291218, at
*3 (S.D.N.Y. Jan. 25, 2024).
Although the names and dates of birth of the Moving Defendants’ children have been
redacted pursuant to Federal Rule of Civil Procedure 5.2, the Sealed Exhibits contain sensitive
information regarding the names of the schools that Moving Defendants’ children attend. The
value of publicly disclosing the names of the schools is low, and the privacy interests implicated
are strong, which weighs in favor of sealing. Lytle v. JPMorgan Chase, 810 F.Supp.2d 616, 622
(S.D.N.Y., 2011) (discussing the weight to be accorded to privacy interests, and identifying
“family affairs” as a category of information as to which the privacy interests “weigh more
heavily against access” as compared to conduct affecting the public)
Pursuant to Rule 9.B of Your Honor’s Individual Rules of Practice, we have filed this
letter publicly via ECF and will also submit (i) this letter, and (ii) copies of the above-referenced
exhibits.
Respectfully submitted,
____________________
Mark S. Cohen
Allon Lifshitz
Matthew V. Povolny
COHEN & GRESSER LLP
800 Third Avenue, 21st Floor
New York, New York 10022
cc:

All parties (via ECF)

Application GRANTED in part. The Court will permit Defendants Val
Sklarov and Tetyana Sklarov (together, the "Defendants") to file the
discussed exhibits under seal. However, as it stands, Defendants have
only filed the sealed versions of the exhibits on the docket. In
accordance with Rule 9 of this Court's Individual Rules of Practice in
Civil Cases, Defendants are instructed to electronically file under seal
a copy of the Declarations of Tetyana Vasziliv (Dkt. #130) and Val
Sklarov (Dkt. #131), and the exhibits attached thereto. Once filed,
these documents will remain viewable to the Court and the parties only.
The Clerk of Court is directed to terminate the pending motion at docket
entry 127.
Dated:

March 10, 2025
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE