Frommer v. MoneyLion Technologies Inc.

Opinion

50 Rockefeller Plaza New York, NY 10020-1605 +1.212.940.8800 tel katten.com NATHANIEL AMENT-STONE nathaniel.ament-stone@katten.com +1.212.940.6593 direct

January 7, 2025 VIA ECF The Hon. Jesse M. Furman United States District Court for the Southern District of New York Thurgood Marshall United States Courthouse 40 Foley Square New York, New York 10007 Re: Frommer et al. vy. MoneyLion Techs. Inc. et al., No. 23-cv-06339 (JMF)

Dear Judge Furman: Plaintiffs submit this letter requesting leave to file under seal (i) Plaintiffs’ Response to MoneyLion’s Proposed Findings of Fact and Conclusions of Law; (11) Plaintiffs’ Memorandum of Law in Opposition to MoneyLion’s Motions to Exclude Sellers’ Proposed Experts and (111) Exhibit 6 to the accompanying Declaration of Nathaniel Ament-Stone; and (iv) Plaintiffs’ Evidentiary Objections to MoneyLion’s Trial Affidavits, pursuant to Your Honor’s Individual Practice 7.C.111. Plaintiffs are taking this step solely at MoneyLion’s request, because these documents contain quotations from the trial affidavits of its fact witnesses, which MoneyLion has requested be kept confidential. Plaintiffs take no position on whether this material should remain confidential. Respectfully submitted, Nathaniel Ament-Stone athaniel Ament-Stone The motion to seal is granted temporarily. That said, mere agreement Nathaniel Ament-Stone between the parties to keep a document confidential is not sufficient to k a “judicial document” sealed or redacted. See, e.g., United States v. Wel Fargo Bank N.A., No. 12-CV-7527 (JMF), 2015 WL 3999074, at *4 (S.D.N.Y. June 30, 2015) (citing cases). Thus, if any party believes that Ce: All counsel of record materials at issue should remain sealed or redacted, that party shall file a letter brief, within three days and not to exceed three pages, showing wh doing so is consistent with the presumption in favor of public access to judicial documents. See generally Lugosch v. Pyramid Co. of Onondaga 435 F.3d 110, 119-20 (2d Cir. 2006). The Clerk of Court is directed to terminate ECF No. 150. KATTEN MUCHIN ROSENMAN LLP SO ORDPRED. CENTURY CITY CHARLOTTE CHICAGO DALLAS LOS ANGELES NEW YORK ORANGE COUNTY SHANGHAI WASHINGTON DC