CarbonCharge Technologies LLC v. Talafous-Favetta

Opinion

CAHILL GORDON & REINDEL LLP NEw YorK, N\jApplication for leave to file under seal TELEPHONE: (2199ranted. WWW.CAHIL MNVASHINGTOS, DC 20008 WILMINGTON “Goer Philip M. Halpern United States District Judge Dated: White Plains, New York July 31, 2026 □□□ Re: = CarbonCharge Technologies LLC v. Talafous-Favetta, 7:24-cv-00361-PMH

Dear Judge Halpern: We write on behalf of Plaintiff CarbonCharge Technologies LLC (“CarbonCharge”) and with the permission of Defendants (collectively, the “Parties”) in response to the Court’s July 23, 2026 Order (Dkt. No. 61), which instructed the Parties to file a copy of their Settlement Agreement in connection with the Stipulation of Voluntary Dismissal (Dkt. No. 59). The Parties respectfully request permission to file their Settlement Agreement under seal and request that the Court retain Jurisdiction to enforce the Settlement Agreement. On July 21, 2026, the Parties executed the attached Settlement Agreement to resolve the claims at issue in this litigation. See Ex. 1. The Settlement Agreement contains confidential and sensitive business information and expressly requires that the Parties maintain its confidentiality. Id. at § 8.1. While the Parties are mindful of the general policy favoring open public access to legal proceedings and filings, courts in this district routinely permit the sealing of settlement agreements in recognition of “the importance of settlement confidentiality in light of the public interest in promoting settlement.” Jn re Gen. Motors LLC Ignition Switch Litig., 2016 WL 1317975, at *2 (S.D.N.Y. Mar. 2, 2016); see also Gambale v. Deutsche Bank AG, 377 F.3d 133, 143 (2d Cir. 2004) (approving the sealing of settlement documents and explaining that “honoring the parties’ express wish for confidentiality may facilitate settlement, which courts are bound to encourage”); Schoeps v. Museum of Modern Art, 603 F. Supp. 2d 673, 676 (S.D.N.Y. 2009)(“[T □□ Second Circuit strongly endorses the confidentiality of settlement agreements in virtually all cases”). Accordingly, the Parties respectfully request that the Court grant their request to file the Settlement Agreement under seal. Respectfully submitted,

CAHILL GORDON & REINDEL LLP -2-

CAHILL GORDON & REINDEL LLP BOCHNER PLLC By: /s/ Joel Kurtzberg By: /s/ Joseph A. Farco Joel Kurtzberg Joseph A. Farco Ivan Torres 1040 Avenue of the Americas, 15th Floor 32 Old Slip New York, NY 10018 New York, NY 10005 (212) 506-6143 Telephone: (212) 701-3000 jfarco@bochner.law Facsimile: (212) 269-5420 jkurtzberg@cahill.com Attorneys for MARYLOU TALAFOUS- itorres@cahill.com FAVETTA, in her capacity as Executrix of The Estate of Dino A. Attorneys for Plaintiff CarbonCharge Favetta Technologies LLC

Honorable Philip M. Halpern United States District Court Judge The Hon. Charles L. Brieant Jr. Federal Building and United States Courthouse 300 Quarropas Street White Plains, NY 10601-4150 Enclosures All Counsel (via ECF)