State of New York v. Deutsche Telekom AG

S.D. New York

State of New York v. Deutsche Telekom AG

DecidedDecember 10, 2019

Docket1:19-cv-05434

StatusUnknown

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State of New York v. Deutsche Telekom AG, (S.D.N.Y. 2019).

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Opinion

USL SUINE DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK caesarean wenn eee eeeeee X, DATE FILED: 12/10/2019 STATE OF NEW YORK, et al., : : 19-cv-5434 (VM) (RWL) Plaintiffs, : : ORDER - against - : DEUTSCHE TELEKOM, AG, et al., : Defendants. : nnn eK ROBERT W. LEHRBURGER, United States Magistrate Judge. Non-parties Altice, AT&T and Comcast seek to maintain the confidentiality at trial of certain documents. This Court previously has directed the parties and non-parties to pare down any such requests to only those that would pass muster under Second Circuit standards. The parties and non-parties have worked assiduously to do so. The Court already has ruled with respect to Altice documents. Accordingly, this Order addresses the AT&T and Comcast documents, which were discussed during a telephone conference held on December 10, 2019. The Court has reviewed each document at issue. Having considered each document, the parties’ submissions and arguments, prior proceedings, the presumption of public access to judicial documents, the status of AT&T and Comcast as non-parties, and the Second Circuit standards set forth in Lugosch v. Pyramid Company of Onondaga, 435 F.3d 110 (2d Cir. 2006), the Court determines as follows: COMCAST DOCUMENTS The following documents may be maintained as confidential at trial (identified by Bates number of the first page of the document): 6832

27231 27807 29794 1690

The following documents should be redacted so that only confidential material, if any, is redacted from public disclosure: 27230 31662 (appears to be summary of information presented by third parties and of general trends, none of which should be maintained as confidential) 33419 (much of this appears to be from JPMorgan report; only interlineated comments of Comcast personnel potentially may be maintained as confidential) 18713 19629 58961

58965 22617 (appears to be report provided by third-party data reporting numbers that are available to anyone who pays to receive the data; if so, none of this may be maintained as confidential) 36561 36710 36733 Any of the Comcast documents not listed above shall not be maintained as confidential. AT&T DOCUMENTS The following documents may be maintained as confidential at trial (identified by Bates number of the first page of the document): N.A.

The following documents should be redacted so that only the confidential material, if any, is redacted from public disclosure: 147567 167878 135464 6902 34269 37371 165967

Any of the AT&T documents not listed above shall not be maintained as confidential. To be clear, the exchange of information between AT&T’s Executive Vice President of Regulatory Affairs and the Policy Director of AT&T’s largest union may not be maintained as confidential at trial. SO ORDERED.

ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE Dated: December 10, 2019 New York, New York Copies transmitted to: all counsel of record via ECF.

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USL SUINE DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK caesarean wenn eee eeeeee X, DATE FILED: 12/10/2019 STATE OF NEW YORK, et al., : : 19-cv-5434 (VM) (RWL) Plaintiffs, : : ORDER - against - : DEUTSCHE TELEKOM, AG, et al., : Defendants. : nnn eK ROBERT W. LEHRBURGER, United States Magistrate Judge. Non-parties Altice, AT&T and Comcast seek to maintain the confidentiality at trial of certain documents. This Court previously has directed the parties and non-parties to pare down any such requests to only those that would pass muster under Second Circuit standards. The parties and non-parties have worked assiduously to do so. The Court already has ruled with respect to Altice documents. Accordingly, this Order addresses the AT&T and Comcast documents, which were discussed during a telephone conference held on December 10, 2019. The Court has reviewed each document at issue. Having considered each document, the parties’ submissions and arguments, prior proceedings, the presumption of public access to judicial documents, the status of AT&T and Comcast as non-parties, and the Second Circuit standards set forth in Lugosch v. Pyramid Company of Onondaga, 435 F.3d 110 (2d Cir. 2006), the Court determines as follows: COMCAST DOCUMENTS The following documents may be maintained as confidential at trial (identified by Bates number of the first page of the document): 6832