Pioneer Business Services, LLC v. VistaJet US, Inc.

Opinion

USDC SDNY UNITED STATES DISTRICT COURT cyan SOUTHERN DISTRICT OF NEW YORK PIONEER BUSINESS SERVICES, LLC | DATE FILED: 06/08/2023 | d/b/a FOUR CORNERS AVIATION SERVICES, 22-CV-6206 (ALC) (BCM) Plaintiff, ORDER -against- VISTAJET US, INC., Defendant.

BARBARA MOSES, United States Magistrate Judge. The Court is in receipt of plaintiff's letter dated June 6, 2023 (Dkt. 157), withdrawing its letter-motion dated June 1, 2023 (Dkt. 155), which requested a discovery conference. As the dispute is now resolved, the discovery conference previously scheduled for June 14, 2023 (see Dkt. 153) is ADJOURNED sine die. In connection with its discovery letter-motion, plaintiff filed a document identified as Exhibit 1 under seal, "in accordance with the Stipulated Protective Order issued in this action.” (Dkt. 152, at 1; Dkt. 156, at 1.) As this Court explained in its January 5, 2023 Order (Dkt. 88), the fact that "the parties agreed among themselves" that certain documents are considered "confidential" "does not answer (or even bear on) the question whether sealing is warranted under the standards set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), and its progeny." Consequently, no later than June 14, 2023, any party with an interest in keeping Exhibit 1 under seal shall submit a letter-brief in support of that position. If no such letter- brief is recerved, the document will be unsealed by the Court. The Clerk of Court is respectfully directed to close the motions at Dkts. 152, 155, and 156. The documents at Dkts. 152-1 and 156-1 shall provisionally remain under seal. Dated: New York, New York June 8, 2023 SO ORDERED. ele dU BARBARA MOSES United States Magistrate Judge