Prophet Mortgage Opportunities, LP v. Christiana Trust

Opinion

CLARICK Nicole Gueron ngueron@cgr-law.c ELECTRONICALLY F GU ERON Direct: 212.633.431]] DOC #: a 9/17/2024 REISBAUM DATE FILED: □□□□□

Via ECF September 16, 2024 Honorable Margaret M. Garnett United States District Court Southern District of New York 40 Foley Square, Room 2102 New York, NY 10007 GarnettNY SDChambers@nysd.uscourts.gov Re: Prophet Mortgage Opp. v. Christiana Trust, Case No. 1:22-cv-09771-MMG Dear Judge Garnett: Pursuant to Rule I.D.3 of Your Honor’s Individual Rules, we write on behalf of Plaintiff Prophet to respectfully request leave to file under seal Prophet’s September 16, 2024 discovery letter-motion and associated exhibits, in order to protect information therein that Defendant Christiana Trust has marked as confidential. On September 12, 2024, the parties met and conferred to discuss Prophet’s discovery letter-motion; Defendant asked that Prophet file under seal Defendant’s deposition testimony and documents, described in Prophet’s discovery letter-motion, each of which Defendant designated “Confidential” under the Stipulated Confidentiality Agreement and Protective Order (Dkt. 109). Accordingly, Prophet is submitting its discovery letter-motion and exhibits contemporaneously herewith under seal and electronically related to this letter. We thank the Court for its attention to this matter and are available at the Court’s convenience. GRANTED. It is hereby ORDERED that the discovery letter-motion at . 145 and related exhibits may remain under seal as they have been marked Respectfully submitted, fidential pursuant to the parties’ Stipulated Confidentiality Agreement and tive Order. Although "[t]he common law right of public access to judicial /s/ Nicole Gueron is firmly rooted in out antion’s history,” this right is not absolute, and Nicole Gueron "must balance competing considerations against" the presumption of access. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 Qd Cir. 2006) (internal omitted); see also Nixon v. Warner Commc'ns, 435 U.S. 589, 599 (1978) e decision as to access is one best left to the sound discretion of the trial court, to be exercised in light of the relevant facts and circumstances of a case."). Having examined the documents at issue and considered the representations, it is hereby ORDERED that the motion to seal (Dkt. No. GRANTED. of Court is respectfully directed to terminate Dkt. No. 144. 2 LY MARGARET M. Gay eri) STATES DISTRICT JUDGE 220 Fifth Avenue, New York, NY 10001 Main: 212.633.4310 cer-law.com