Trireme Energy Holdings, Inc. v. Innogy Renewables US LLC

Opinion

] USDC SDNY | DOCUMENT UNITED STATES DISTRICT COURT ELECTRONICALLY FILED SOUTHERN DISTRICT OF NEW YORK DATE FILED: 02/18/2022 TRIREME ENERGY HOLDINGS, INC., et al., hE Plaintiffs, 20-CV-5015 (VEC) (BCM) -against- INNOGY RENEWABLES US LLC, et al., ORDER Defendants.

BARBARA MOSES, United States Magistrate Judge. For the reasons discussed on the record during today's telephonic conference: 1. Insofar as plaintiffs’ letter-application dated February 17, 2022 (Dkt. No. 118) seeks emergency relief in advance of the continued Puterbaugh deposition, it is DENIED. 2. Insofar as the February 17 letter-application challenges the unlogged redactions made by defendants for reasons other than privilege to certain documents first produced in October 2021, the Court requires further briefing. Defendants’ responding letter-brief is due no later than February 23, 2022. In addition to responding to plaintiffs’ argument as to the specific documents identified in the February 17 letter-application, defendants shall show cause why they should not be compelled to remove any and all redactions that they have applied for reasons other than privilege to discoverable documents, and re-produce the affected documents in unredacted form (or, if applicable, redacted only for privilege). Plaintiff's optional reply brief is due no later than February 25, 2022. 3. Exhibits 1-4 to the February 17 letter-application were placed under temporary electronic seal at 1:37 this afternoon — after defendants’ counsel noted, during today’s teleconference, that they were designated "Confidential" in discovery. No later than February 23, 2022, defendants shall either (a) file a sealing motion in accordance with § 3 of Judge Moses's Individual Practices and § 6 of the Court's ECF Rules & Instructions, or (b) advise the Court by letter, filed on ECF,

that Exhibits 1-4 may be unsealed. The Court observes, for the guidance of counsel, that it is not obvious that any of those exhibits would qualify for sealing under Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006), or its progeny. Dated: New York, New York February 18, 2022 SO ORDERED.

BARBARA MOSES United States Magistrate Judge