In re: 650 Fifth Avenue and Related Properties

Opinion

Patterson Belknap Webb « Tyler 1133 Avenue of the Americas New York, NY 10036-6710 212.336.2000 fax 212.336.2222 =www.pbwt.com

April 6, 2020 Daniel Ruzumna (212) 336-2034 druzumna@pbwt.com Hon. Loretta A. Preska United States District Court Southern District of New York 500 Pearl Street, Room 2220 New York, NY 10007 Re: In re: 650 Fifth Avenue and Related Properties, 08 Civ. 10934 (LAP) Dear Judge Preska: We write on behalf of Claimants Alavi Foundation and the 650 Fifth Avenue Company (together, “Claimants”’), in accordance with the Court’s Individual Rule 2(H)(2), to request an order permitting Claimants to file under seal an unredacted copy of the 650 Fifth Avenue Company’s April 6, 2020 letter discussing both the amount of reserve funds currently held to facilitate the operation and management of 650 Fifth Avenue (the “Building’’) and the net rental income derived from the Building. Courts in this district have acknowledged that certain categories of documents are “commonly sealed,” including “revenue information.” Hypnotic Hats, Ltd. v. Wintermantel Enterprises, LLC, 335 F. Supp. 3d 566, 600 (S.D.N.Y. 2018) (quoting Saint-Jean v. Emigrant Mortgage Co., No. 11-cv-2122, 2016 WL 1430775, at *4 (E.D.N.Y. May 24, 2016)); see also United States v. Amodeo, 71 F.3d 1044, 1051 (2d Cir. 1995) (“[f]inancial records of a wholly owned business” are traditionally considered private and are more likely to be sealed). This Court has previously granted Claimants’ requests to file letters and reports concerning the Building’s finances under seal. (Dkt. Nos. 2218, 2224, 2230.) The letter at issue discloses precisely the same type of information, which is not public and should be kept confidential. Claimants therefore request permission to file only that information under seal. Thank you for the Court’s attention to this matter. the Court finds that the letter Respectfully submitted, issue contains confidential commercial « / counsel's request to file l pout [eo — unredacted letter under seal is mF SO ORDERED. Daniel Ruzumna Cc. Counsel of Record Oe □ ip 4/7/2020

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