PRCM Advisers LLC v. Two Harbors Investment Corp.

Opinion

slit | DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT | Pout: TTS | SOUTHERN DISTRICT OF NEW YORK BE PRCM ADVISERS LLC, et al., Plaintiffs, 20-CV-5649 (LAK) (BCM) -against- ORDER TWO HARBORS INVESTMENT CORP., Defendant.

BARBARA MOSES, United States Magistrate Judge. The Court has received and reviewed the parties’ proposals as to what redactions should be made to the text of the Report and Recommendation (R&R) regarding the parties’ cross-motions for summary judgment (Dkt. 439), and the Opinion and Order (O&O) resolving the parties’ cross- motions to exclude various expert opinions (Dkt. 440), both of which are currently filed under seal. The Court has accepted a majority of the requested redactions to the R&R and will shortly file a redacted version on the public docket. As to the O&O, the Court is not persuaded that either of the two portions proposed to be redacted meet the standard under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). The first portion describes one of the software programs at issue, but does so at a very high level, with no technical detail. The second discusses — again, at a very high level — one expert's view that it would not be difficult for defendant to replace or reproduce the intellectual property at issue. Consequently, the Court will file an unredacted version of the O&O on the public docket on May 1, 2025, unless, prior to that date, one or both parties submits a letter-brief persuading the Court otherwise. Dated: New York, New York April 17, 2025 al RR BARBARA MOSES United States Magistrate Judge