Cypress Holdings, III, L.P. v. Sport-BLX, Inc.

Opinion

LAW OFFICES OF ALEXANDER M. DUDELSON 26 COURT STREET - SUITE 2306 OF COUNSEL M. DUDELSON BROOKLYN, NEW YORK 11242 LOUIS R. ROSENTHAL (718) 855-5100 FAX (718) 624-9552 GEORGE H. VALLAR(O, JR. YEHUDA FARKAS FABIAN G. PALOMINO (1924 - 2014) December 4, 2023 Hon. Lorna Schofield United States District Judge Southern District of New York 500 Pearl Street New York, New York 10007 Re: Cypress Holdings, III, LLP v. George Hall, et al. Case No.: 22-cv-01243 (EGS) Your Honor: I am the attorney for plaintiff Cypress Holdings, III, L.P. (“Cypress”). Please accept this letter a formal application to have Exhibits A-N to the Declaration of Alexander M. Dudelson filed under seal pursuant to Your Honor’s Individual Rule (1)(D), 21-mc-13 and § 6 of the SDNY Rules and Instructions. Said documents were exchanged in discovery by the defendants and marked as “Confidential - Subject to Protective Order.” It is respectfully requested that access to these documents be restricted to attorneys appearing for filer the following Selected Parties: a. Sport-BLX, Inc.; "The common law right of public access to judicial documents i b. Glassbridge Enterprises, Inc.; firmly rooted in our nation's history," this right is not absolute < C. George Hall; courts "must balance competing considerations against" the d. Joseph Deperio; presumption of access. Lugosch v. Pyramid Co. of Onandaga, 4 Clinton Group, Inc.; F.3d 110, 119-20 (2d Cir. 2006) (internal quotation marks omitt f. Sport-BLX Securities, Inc.; see also Nixon v. Warner Commcins, Inc., 435 U.S. 589, 599 (19° g. Cesar Baez; ("[T]he decision as to access is one best left to the sound discre h. Christopher Johnson; of the trial court, a discretion to be exercised in light of the rele i. Francis Ruchalski; and facts and circumstances of the particular case."). The parties’ j. Daniel Strauss. confidentiality stipulations are not dispositive to the question o whether filings should be sealed. Thank you for your consideration. The request is DENIED without prejudice to renewal. Defendan refile a request to seal by December 12, 2023, with an explanat of the basis for the request that is sufficient under Second □□□□ case law. The Clerk of Court is respectfully directed to maintain currently sealed documents under seal pending a possible rene Via ECF: All parties motion to seal by Defendant. The Clerk of Court is respectfully to close the motion at Dkt. 166. Very truly yours, Isl 4 /, D /, Ly oy Dated: December 5, 2023 ( / □ New York, New York Alexander M. Dudelson Unrre Srareebistmer JUDGE