Sanmina Corporation v. Dialight PLC

Opinion

F RV N Co H EF N J ES S U p 9401 Wilshire Blvd., | 2th Floor Beverly Hills, CA 90212-2974 mlieb@ecjlaw.com PH: 310.281.6338

April 26, 2024 VIA ECF and E-MAIL Hon. Katherine Polk Failla United States District Judge United States District Court MEMO ENDORSED Southern District of New York 40 Foley Square, Courtroom 618 New York, N.Y. 10007 E-Mail: Failla_NYSDChambers@nysd.uscourts.gov Re: Sanmina Corporation v. Dialight plc: USDC (SDNY) Case no. 1:19-cv-11710 Dialight plc v. Sanmina Corporation: USDC (SDNY) Case no. 1:19-cv-11712 Dear Judge Failla: Pursuant to Rule 9 of Your Honor’s Individual Rules of Practice in Civil Cases, Sanmina Corporation (“Sanmina”) submits this letter in support of its motion for leave to file the following exhibits to the Declaration of Michael C. Lieb in support of the Reply in support of Motion in Limine no. 1, under seal: e Exhibit 6 (DIA00083484-549—Quarterly Business Review Q1 CY 17) e Exhibit 7 (Dialight Estimated Build Plans) “It is clear that the courts of this country recognize a general right to inspect and copy public records and documents.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 597 (1978). “It is uncontested, however, that the right to inspect and copy judicial records is not absolute.” /d. at 598. For example, courts may restrict access to “sources of business information that might harm a litigant’s competitive standing.” /d. Dialight ple (“Dialight”) has designated the first exhibit listed above “Confidential” pursuant to the terms of the Protective Order in effect in this action. Under the terms of the Protective Order (Paragraph 10), documents produced in discovery designated “Confidential” may not be filed in the public record without consent from the designating party. Furthermore, both exhibits contain information that would be of extreme interest to Sanmina’s and Dialight’s competitors—including financial information.

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Hon. Katherine Polk Failla ERVIN COHEN & JESSUP.» April 26, 2024 Page 2

For the foregoing reasons, Sanmina respectfully requests leave to file under seal the exhibits listed above. Respectfully submitted,

Michael C. Lieb ERVIN COHEN & JESSUP LLP

Application GRANTED. The Clerk of Court is directed to maintain docket entry 219 in Case No. 19 Civ. 11710, and docket entry 188 in Case No. 19 Civ. 11712, under seal, viewable to the Court and the parties only. The Clerk of Court is further directed to file this Order in both cases cited in the caption. Finally, the Clerk of Court is further directed to terminate the pending motion at docket entry 216 in Case No. 19 Civ. 11710 and docket entry 185 in Case No. 19 Civ. 11712. Dated: April 29, 2024 SO ORDERED. New York, New York Kites ball. Fuld HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE

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