Crossborder Solutions, Inc. et al v. Hoy et al

Filing 269

ORDER granting 195 Letter Motion to Seal. The Court is in receipt of the attached letter motion from Plaintiffs CrossBorder Solutions, Inc. and Cross Border Transactions, LLC d/b/a CrossBorder Solutions (together, "CrossBorder"), d ated August 16, 2022, which requests leave to file documents under seal for in camera review and to file certain other documents entirely under seal, pursuant to the parties' Stipulated Confidentiality Agreement and Protective Order, dated Sep tember 29, 2020 (ECF No. 81). The items CrossBorder seeks to file under seal are described in their letter motion (filed as ECF No. 195). Accordingly, the Court GRANTS CrossBorder's request to file the documents it indicates under seal in the manner described in their attached letter motion (ECF No. 195). The Clerk of the Court is kindly directed to terminate the motion at ECF No. 195. (Signed by Judge Nelson Stephen Roman on 1/17/2023) (ate)

Case 7:20-cv-04877-NSR Document 269 Filed 01/17/23 Page 1 of 4
Memorandum Endorsement
CrossBorder Solutions, Inc. v. MGO
7:20-cv-04877-NSR-JCM
1/17/2023
The Court is in receipt of the attached letter motion from Plaintiffs CrossBorder Solutions, Inc. and Cross
Border Transactions, LLC d/b/a CrossBorder Solutions (together, "CrossBorder"), dated August 16, 2022,
which requests leave to file documents under seal for in camera review and to file certain other documents
entirely under seal, pursuant to the parties' Stipulated Confidentiality Agreement and Protective Order, dated
September 29, 2020 (ECF No. 81). The items CrossBorder seeks to file under seal are described in their letter
motion (filed as ECF No. 195).
Accordingly, the Court GRANTS CrossBorder's request to file the documents it indicates under seal in the
manner described in their attached letter motion (ECF No. 195). The Clerk of the Court is kindly directed to
terminate the motion at ECF No. 195.
Dated: January 17, 2023
White Plains, NY

Case 7:20-cv-04877-NSR Document 269
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Pillsbury Winthrop Shaw Pittman LLP
31 West 52nd Street | New York, NY 10019-6131 | tel [phone] | fax [phone]

August 16, 2022

Kenneth W. Taber
tel: [phone]
[e-mail]

VIA ECF
Hon. Nelson S. Román, United States District Judge
The Hon. Charles L. Brieant Jr.
Federal Building and U.S. Courthouse
300 Quarropas St.
White Plains, NY 10601-4150
Re:

CrossBorder Solutions, Inc. v. MGO, Case No.: 7:20-cv-04877-NSRJCM: Plaintiffs’ Request for Leave to File Under Seal for In Camera
Review Plaintiffs’ Exhibits D, E, F, G and to File Under Seal
Plaintiffs’ Opposition to Defendants’ Pre-Motion Conference
Letter and Exhibits A, B, C, H, J, K Thereto

Dear Judge Román:
We write on behalf of Plaintiffs CrossBorder Solutions, Inc. and Cross Border
Transactions, LLC d/b/a CrossBorder Solutions (together, “Plaintiffs” or
“CrossBorder”) to request leave to file certain documents under seal for in camera
review, and to file certain other documents entirely under seal, pursuant to the parties’
Stipulated Confidentiality Agreement and Protective Order (“PO”), dated September
29, 2020, Dkt. 81. These documents, described immediately below, are all referenced
in Plaintiffs’ opposition to the request by Defendants Macias, Gini & O’Connell, LLP
(“MGO”) and Sanjay Agarwal (“Agarwal,” together with MGO, “Defendants”) for
leave to file a motion for summary judgment, Dkt. 193:
•

Exhibit A: An October 7, 2020 internal MGO email, bates-stamped
MGO000309-MGO000310, which Defendants marked CONFIDENTIAL. This
will be filed under seal, to be accessed by all parties;

•

Exhibit B: Excerpts of text messages between former Defendant Liga Hoy and
Agarwal, bates-stamped XBS016329-XBS016332, XBS016355, which
CrossBorder marked HIGHLY CONFIDENTIAL. This will be filed under seal,
to be accessed by all parties.

•

Exhibit C: An email thread between former Defendant Hoy and her recruiter,
dated March 5, 2020, bates-stamped XBS0007041-XBS0007042, which
CrossBorder marked as CONFIDENTIAL. This will be filed under seal, to be
accessed by all parties;

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August 16, 2022
•

Exhibit D: An email thread between former Defendant Hoy and Agarwal, dated
May 19-21, 2020, attaching excerpts from CrossBorder’s trade secret Master
List, bates-stamped MGO006570-MGO006577, which MGO marked HIGHLY
CONFIDENTIAL. This will be filed under seal for in camera review;

•

Exhibit E: An email between former defendant Hoy, Juline Cohen and Agarwal,
dated June 8, 2020, attaching CrossBorder’s entire trade secret Master List,
bates-stamped MGO007124-MGO007126, with a native excel attachment,
which MGO marked HIGHLY CONFIDENTIAL. This will be filed under seal
for in camera review;

•

Exhibit F: An email between former Defendant Hoy, Juline Cohen and
Agarwal, dated June 12, 2020, attaching CrossBorder’s entire trade secret
Master List, bates-stamped MGO003244-MGO003246, with a native excel
attachment, which MGO marked HIGHLY CONFIDENTIAL. This will be
filed under seal for in camera review;

•

Exhibit G: An email between former Defendant Hoy, Juline Cohen and
Agarwal, dated June 12, 2020, attaching CrossBorder’s entire trade secret
Master List, bates-stamped MGO007208-MGO007209, with a native excel
attachment, which MGO marked HIGHLY CONFIDENTIAL. This will be
filed under seal for in camera review;

•

Exhibit H: Emails from MGO to CrossBorder clients, dated June 12-15, 2020,
bates-stamped XBS009102-XBS009117, which CrossBorder marked HIGHLY
CONFIDENTIAL. This will be filed under seal, to be accessed by all parties;

•

Exhibit J: Excerpts of former Defendant Hoy’s February 19, 2021 deposition,
which CrossBorder marked HIGHLY CONFIDENTIAL. This will be filed
under seal, to be accessed by all parties; and

•

Exhibit K: Excerpts of Agarwal’s May 23, 2022 deposition, which CrossBorder
marked HIGHLY CONFIDENTIAL. This will be filed under seal, to be
accessed by all parties.

In addition, Plaintiffs seek to file under seal Plaintiffs’ Opposition to Defendants’ PreMotion Conference Letter to protect references to confidential material in certain of the
above-referenced exhibits contained therein.
Pursuant to Rule 4.A. of Your Honor’s Individual Rules of Practice in Civil Cases, a
party seeking to file a document under seal must address the presumption in favor of
public access to judicial documents. The Second Circuit set forth the relevant standard
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August 16, 2022
in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Under Lugosch,
“[t]here is a common law presumption in favor of permitting public access to judicial
documents, which are those documents ‘relevant to the performance of the judicial
function and useful in the judicial process.” GoSMiLE, Inc. v. Dr. Jonathan Levine,
D.M.D. P.C., 769 F. Supp. 2d 630, 649 (S.D.N.Y. 2011) (quoting Lugosch, 435 F.3d at
119). A court balances this common law presumption of access against competing
comparisons, including “the privacy interests of those resisting disclosure.” Lugosch,
435 F.3d at 120 (quoting United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995)).
Thus, the issue is whether “the privacy interests of the defendants outweigh the
presumption of public access.” GoSMiLE, 769 F. Supp. 2d at 649-50.
CrossBorder’s interest in protecting confidential and proprietary information,
specifically identifying information concerning confidential CrossBorder clients,
overcomes the presumption of access. Indeed, Your Honor has previously granted
CrossBorder’s request to file under seal certain exhibits to protect the names of
CrossBorder clients, which were clearly visible, Dkt. No. 91.
Here, Exhibits D, E, F, and G contain the entirety or excerpts of CrossBorder’s stolen
Master List of approximately 500 clients, complete with each client’s CrossBorder
contract value, contract term and contract expiration date. Because these Exhibits
contain confidential CrossBorder client information, which Your Honor has previously
ruled is deserving of protecting and restricting public access, CrossBorder respectfully
requests that the Court grant its request to file Exhibits D, E, F, and G under seal for in
camera review.
Additionally, CrossBorder seeks to file Exhibits A, B, C, H, J and K entirely under seal
in accordance with the parties’ PO, as the correspondence was marked Confidential or
Highly Confidential.
CrossBorder therefore respectfully requests that the Court grant its request for filing
documents under seal as well as certain documents under seal for in camera review.
This is CrossBorder’s second request to file documents under seal for in camera review.
Defendants MGO and Agarwal consent to this motion.
Respectfully submitted,
/s/ Kenneth W. Taber
Kenneth W. Taber
cc:

All Counsel of Record (Via ECF)

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