Gentile v. NCSPlus Incorporated

Opinion

ee Ca pel | Barnett 14 Penn Plaza, Suite 81 New York, New York 1012 Matalon & Schoenfeld roe gta □□□ LLP Fax: (646) 589-009 ATTORNEYS AT LAW Plaintiffs’ application to file ECF 94 unde seal is GRANTED. September 3, 2024 VIA ECF DATED: September 4, 2024 United States District Court New York, New York Southern District of New York Honorable Jennifer L. Rochon so onnenep 500 Pearl St., Room 1920 lao New York, NY 10007 ROBYN □□ TARNOFSKY Re: —_Letter-Motion to Seal Per the Court’s Prior Sealing Order (ECF 73) Gentile, et al. vy. NCSPlus Incorporated, et al. (1_:23-cv-05358-JLR-RFT) Dear Judge Tarnofsky, I write on behalf of Plaintiffs seeking to retain the sealing on a document filed by Plaintiffs in their opposition/reply, marked as “confidential” by Defendant NCSPlus, Incorporated (placeholder document found at “ECF 92-1”). This application to seal is being made based on the Court’s prior order that sealed a portion of NCSPlus’s prior production (ECF 73)—over Plaintiffs’ objections based on the non-applicability of the Court’s Protective Order to those documents (§ 2 at ECF 51). Therefore, Plaintiffs make another application to seal in conformity with the last sealing order, with a standing objection that there is no confidential or proprietary information in the documents submitted herewith sufficient to overcome the presumption that all litigation documents should be public, as held in by Lugosch v. Pyramid Co of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006) and Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132 (2d Cir. 2016) (cited at Your Honor’s Part Rules at III(E)) and as discussed in Judge Rochon’s Individual Part Rules at 4(B)(11) additionally citing In re Gen. Motors LLC Ignition Switch Litig., 2015 WL 4750774, at *4 (S.D.N.Y. Aug. 11, 2015). I thank the Court and Your Honor for your consideration. Respectfully submitted, Michelangelo M iarella (MM 5653688)

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