Huzhou Chuangtai Rongyuan Investment Management Partnership et al v. Hui Qin et al

Filing 149

ORDER granting 140 Letter Motion to Seal. Application GRANTED. The Clerk of Court is directed to maintain docket entries 142 and 144 under seal, viewable to the Court and the parties only. The Clerk of Court is further directed to terminate the pending motion at docket entry 140. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/3/2024) (ks)

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via ECF
Hon. Katherine Polk Failla
United States District Court
Southern District of New York
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007

MEMO ENDORSED
May 23, 2024

Dear Judge Failla,
Undersigned writes on behalf of Defendants YOUYORK MANAGEMENT LLC, NEW
LAND CAPITAL LLC, GOLDEN LAND FUNDS, INC. (improperly pled as GOLDEN LAND
FUNDS LLC), and HANGYUAN ZHANG (collectively “YouYork Defendants”) to request for
leave to file documents with redactions, pursuant to Rule 9(B) of Your Honor’s Individual Rules
of Practice in Civil Cases and a Stipulated Protective Order dated January 3, 2023, Dkt. 92
(“Protective Order”) in Huzhou Chuangtai Rongyuan Investment Management Partnership, et al.
v. Hui Qin, 1:21:cv-09221-KPF (S.D.N.Y. Nov. 8, 2021) that was effectively adopted between
the YouYork Defendants and Plaintiffs in this instant matter.
Specifically, the YouYork Defendants request leave to file their Memorandum of Law in
Support of their Motion to Dismiss with redactions.
This letter and the YouYork Defendants’ Memorandum of Law in Support of their Motion
to Dismiss are being filed in accordance with Rule 9 of Your Honor’s Individual Rules.
To overcome the presumption of public access, the court must make specific, on the
record findings for each individual document that sealing (1) is necessary "to preserve higher
values," and (2) "is narrowly tailored to serve that interest." Lugosch v. Pyramid Co. of
Onondaga, 435 F.3d 110 at 120 (citation omitted); Brown v. Maxwell, 929 F.3d 41, 48 (2d Cir.
2019). Although the presumption of public access attaches to all judicial documents, "the
presumption of public access in filings submitted in connection with discovery disputes . . . is
generally somewhat lower than the presumption applied to material introduced at trial, or in
connection with dispositive motions..." Brown, 929 F.3d at 41, 50. Courts in this District
routinely permit parties to seal or redact commercially sensitive information to protect
confidential business interests and financial information. See, e.g., Rubik's Brand Ltd. v.
Flambeau, Inc., No. 17-CV-6559 (PGG) (KHP), 2021 U.S. Dist. LEXIS 53529, 2021 WL
1085338, at *1 (S.D.N.Y. Mar. 22, 2021); Graczyk v. Verizon Communs., Inc., No. 18-CV-6465
(PGG), 2020 U.S. Dist. LEXIS 50812, 2020 WL 1435031, at *8-9 (S.D.N.Y. Mar. 24, 2020).
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The Memorandum of Law in Support of the YouYork Defendants’ Motion to Dismiss
contains references to information contained in the Plaintiffs’ Complaint which refers to
documents from discovery which were explicitly marked as “confidential” and contain sensitive
financial as well as personal information of several parties. Thus, the contents fall within in the
scope of the Protective Order. Here, the interest in redacting and keeping confidential
commercially sensitive information to protect confidential business interests and financial
information overcomes the presumption of public access.
As such, we respectfully request this Court grant the YouYork Defendants’ request to
redact their Memorandum of Law in Support of their Motion to Dismiss.
Respectfully submitted,
/s/ William Lou
William Lou, Esq.

Application GRANTED. The Clerk of Court is directed to maintain
docket entries 142 and 144 under seal, viewable to the Court and
the parties only.
The Clerk of Court is further directed to terminate the pending
motion at docket entry 140.
Dated:

June 3, 2024
New York, New York

SO ORDERED.

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE

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