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
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
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
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.
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
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 Jonna Summers jsummers@porterhedges.com 6/6/2025 4:40:35 PM SENT
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
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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 (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) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.