Storable, Inc.; RedNova Labs, Inc. (d/B/A storEDGE); Sitelink Software, LLC; Easy Storage Solutions, LLC; Bader Co.; And Property First Group, LP v. Safelease Insurance Services, LLC

Court of Appeals of Texas·Decided June 6, 2025·No. 15-25-00020-CV·Published

Opinion

ACCEPTED 15-25-00020-CV FIFTEENTH COURT OF APPEALS AUSTIN, TEXAS 6/6/2025 4:40 PM No. 15-25-00020-CV CHRISTOPHER A. PRINE CLERK In the Court of Appeals 15th COURT FILED IN OF APPEALS for the Fifteenth Judicial District AUSTIN, TEXAS 6/6/2025 4:40:35 PM Austin, Texas CHRISTOPHER Clerk A. PRINE

STORABLE, INC.; REDNOVA LABS, INC. (D/B/A STOREDGE; SITELINK SOFTWARE, LLC; EASY STORAGE SOLUTIONS, LLC; BADER CO.; AND PROPERTY FIRST GROUP, LP, Appellants,

V.

SAFELEASE INSURANCE SERVICES, LLC, Appellee.

On Appeal from the Third Division of the Texas Business Court

UNOPPOSED MOTION TO SEAL BRIEF FOR APPELLEE

JUDD E. STONE II State Bar No. 24076720 CHRISTOPHER D. HILTON MICHAEL R. ABRAMS CODY C. COLL ALEXANDER M. DVORSCAK STONE HILTON PLLC 600 Congress Ave., Suite 2350 Austin, Texas 78701 judd@stonehilton.com (737) 465-7248

Counsel for Appellee T O THE H ONORABLE C OURT O F A PPEALS :

Plaintiff-Appellee SafeLease Insurance Services, LLC respectfully

moves the Court for leave to file its Brief in Response under Seal,

pursuant to Texas Rule of Appellate Procedure 9.2(c), Texas Rule of Civil

Procedure 76a, and the Business Court’s permanent sealing order,

entered on April 14, 2025 (“Order”). A redacted version of the brief has

been electronically filed on the docket, and an unredacted version has

been delivered to the Clerk of Court via thumb drive. Appellants do not

oppose the relief requested herein.

The Business Court sealed enumerated exhibits and portions of

testimony offered at the temporary injunction hearing because it found

they contained “confidential, trade-secret, or personally identifiable

information in which there is a specific, serious, and substantial interest

that clearly outweighs the presumption of openness and any probable

adverse effect upon the general public health or safety.” Order at 2. The

Business Court further found that there was “no less restrictive means”

to “protect the specific interest asserted.” Id. The court therefore sealed

the enumerated portions of the record under Texas Rule of Civil

Procedure 76a and pursuant to its earlier Protective Order and

1 Temporary Sealing Order, which designated that information “Outside

Counsel’s Eyes Only.” See CSR.009-19.

Thus, those portions of the record, including portions discussed and

quoted in Appellee’s Brief, are subject to a court order restricting access,

and cannot be filed electronically. TEX. R. APP. P. 9.2(c)(3). A redacted

version of the Brief in Response has been electronically filed.

A party seeking to seal a court record must show that it has a

“serious, specific, and substantial interest” in keeping information

confidential, and that the interest outweighs the presumption of

openness. HouseCanary, Inc. v. Title Source, Inc., 622 S.W.3d 245, 259

(Tex. 2021). The movant must also show its interest in confidentiality

outweighs any “adverse effect” on “general public health or safety.” Id.

All elements are met here.

This Court should maintain the Business Court’s seal over the

designated portions of the record and permit SafeLease to file its Brief

under seal because they contain confidential and trade-secret

information. Release of that information would harm SafeLease’s

competitive advantage and its ability to leverage its proprietary business

information. As the redacted Brief shows, the sealed information is

2 minimal relative to the length of the briefing, the size of the record, and

the value of the case. Nevertheless, the confidentiality of the information

is essential.

SafeLease has a serious interest in protecting information about its

financial status, its customer relationships, and its relationships with

third parties with whom it does business. Revealing this information will

inhibit SafeLease’s ability to conduct its business and to compete in the

market. Moreover, disclosure will impact SafeLease’s business partners

and affiliates, as well as its customers. SafeLease should not have to

reveal proprietary information and its business playbook in this case, nor

should SafeLease’s customers have their business relationships and

information revealed.

SafeLease took a narrow approach below, seeking only to protect

small portions of the record, and it continues that approach here, seeking

only to seal a few lines of its Brief. No other less restrictive means will

protect the narrow category of information SafeLease seeks to

permanently redact from its Brief in Response. Further, the information

SafeLease seeks to seal has no bearing on public health or safety.

This motion is unopposed.

3 CONCLUSION AND PRAYER

Appellee respectfully requests that the Court grant leave to file its

Brief in Response under seal.

Respectfully submitted.

June 6, 2025 /s/ Judd E. Stone II Judd E. Stone II Christopher D. Hilton Michael R. Abrams Cody C. Coll Alexander M. Dvorscak STONE HILTON PLLC 600 Congress Ave. Suite 2350 Austin, Texas 78701 judd@stonehilton.com (737) 465-7248

Counsel for Appellee

CERTIFICATE OF SERVICE

On June 6, 2025, this document was electronically filed and served on all counsel. /s/ Cody C. Coll Cody C. Coll

CERTIFICATE OF CONFERENCE

On June 6, 2025, I conferred with Justin Bernstein, appellate counsel for Appellants, via email. Counsel stated the relief requested herein is unopposed. /s/ Cody C. Coll Cody C. Coll

4 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules.

Rosalinda Luna on behalf of Judd Stone Bar No. 24076720 rosie@stonehilton.com Envelope ID: 101739872 Filing Code Description: Motion Filing Description: Unopposed Motion to Seal Brief for Appellee Status as of 6/6/2025 5:03 PM CST

Associated Case Party: SafeLease Insurance Services, LLC

Name BarNumber Email TimestampSubmitted Status

Delonda Dean ddean@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Yetter Coleman efile@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Cody Coll cody@stonehilton.com 6/6/2025 4:40:35 PM SENT

Courtney Smith csmith@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Luke A.Schamel lschamel@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Christopher Hilton chris@stonehilton.com 6/6/2025 4:40:35 PM SENT

Judd Stone Judd@stonehilton.com 6/6/2025 4:40:35 PM SENT

Alyssa Smith asmith@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Bonnie Chester bonnie@stonehilton.com 6/6/2025 4:40:35 PM SENT

Alexander Dvorscak alex@stonehilton.com 6/6/2025 4:40:35 PM SENT

Shannon Smith ssmith@yettercoleman.com 6/6/2025 4:40:35 PM SENT

R. Paul Yetter pyetter@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Susanna R.Allen sallen@yettercoleman.com 6/6/2025 4:40:35 PM SENT

Rosalinda Luna rosie@stonehilton.com 6/6/2025 4:40:35 PM SENT

Associated Case Party: Storable, Inc.

Name BarNumber Email TimestampSubmitted Status

Dale Wainwright dale.wainwright@gtlaw.com 6/6/2025 4:40:35 PM SENT

Justin Bernstein bernsteinju@gtlaw.com 6/6/2025 4:40:35 PM SENT

Ray Torgerson rtorgerson@porterhedges.com 6/6/2025 4:40:35 PM SENT

Carolyn Reed creed@porterhedges.com 6/6/2025 4:40:35 PM SENT

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