EFCG, Inc. v. AEC Advisors, LLC

Opinion

O'HARE PARNAGIAN LLP 20 VESEY STREET, SUITE 300 New York, NY 10007 (212) 425-1401 eee Fax: (212) 425-1421 gp CEC SONY www.ohareparnagian.com DOCUMENT WesrcnesteR Orrice } ELECTRONICALLY FILED 7OO WHITE PLAINS ROAD, SuITeE 255 On) SCARSDALE, NY 10583 DATE FILED: 9/2 20 (914) 725-3632 sere Fax: (914) 725-3639 September 1, 2020 Via ECF The Honorable Barbara Moses U.S. Magistrate Judge Daniel Patrick Moynihan Courthouse M FM 0 FN D () RS FD 500 Pearl St., Room 740 New York, NY 10007-1312 Re: EFCG, Inc. v. AEC Advisors, LLC et al., No. 19-CV-8076 (RA)(BCM) Dear Judge Moses: We represent plaintiff EFCG, Inc. (“Plaintiff’ or “EFCG’) in the above-referenced action and write pursuant to the Court’s August 31, 2020 Order directing that Plaintiff re-file its motion to seal. Plaintiff is seeking the Court’s permission to file in redacted form portions of Plaintiff’s pre- motion letter (the “Letter”) (ECF No. 117) that discusses the private and sensitive health information of a non-party, Mr. Zofnass, and EFCG’s confidential internal business operations. Such information has been held to merit redaction and/or sealing. See Ahmad v. White Plains City Sch. Dist., 2020 WL 3972274, at * 4 (S.D.N.Y. July 4, 2020) (directing that an order be filed under seal “[b]ecause this Order discusses sensitive medical information of Plaintiff’); Guzik v. Albright, 2018 WL 6011612, at *3 (S.D.N.Y. Nov. 16, 2018) (denying motion to unseal “the portions of the documents at issue that make any reference to the specifics of [defendant’s] medical condition”) (citing Doe v. City of New York, 15 F.3d 264, 267 (2d Cir. 1994) ((“[T]here are few matters that are quite so personal as the status of one’s health, and few matters the dissemination of which one would prefer to maintain greater control over.”)); Louis Vuitton Malletier S.A. v. Sunny Merch. Corp., 97 F. Supp. 3d 485, 511 (S.D.N.Y. 2015) (holding that redactions of “information about [ ] business operations” was “Sustified’”). Pursuant to Rule 3 of Your Honor’s Individual Rules of Practice, Plaintiff is contemporaneously publicly filing the Letter in the proposed redacted form and electronically filing under seal a copy of the unredacted Letter, with the proposed redactions highlighted. Similarly, Plaintiff is requesting the Court’s permission to file the exhibit to the Letter (ECF No. 117-1) under seal because it also discusses Mr. Zofnass’s private and sensitive health information and EFCG’s confidential internal business operations. In addition, Defendants and a non-party, Mr. Daniel Babitz, have previously designated these documents confidential as part of their productions.

O'HARE PARNAGIAN LLP The Honorable Barbara Moses September 1, 2020 Page 2 of 2 We thank the Court for its consideration of this request. Very truly yours, /s/ Robert A. O’Hare Jr. Robert A. O’ Hare Jr.

Application GRANTED for substantially the reasons set forth herein. Dkt. No. 120 shall remain under seal. SO ORDERED. Sealed Barbara Moses, U.S.M.J. September 2, 2020