Wexler v. Hasbro, Inc.

Opinion

Holland & Kni ght | ELECTRONICALLY FILED DOC #: DATE FILED: 02/28/2022 10 St. James Avenue | Boston, MA 02116 | T 617.523.2700 | F 617.523.6850 Holland & Knight LLP | www.hklaw.com Courtney L. Batliner cares MEMO ENDORSED Courtney.Batliner@hklaw.com

February 25, 2022 VIA ECF The Honorable Valerie E. Caproni United States District Judge, S.D.N.Y. Thurgood Marshall United States Courthouse 40 Foley Square, Room 240 New York, New York 10007 Re: — Wexler v. Hasbro, Inc., 1:20-cv-01100 (VEC) Dear Judge Caproni: We represent Defendant Hasbro, Inc. (“Hasbro”) in the above-referenced civil action. Pursuant to Rule 5(B)(11) of the Court’s Individual Rules and Practices in Civil Cases, the Protective Order entered in this action (DE 27), and this Court’s order dated February 16, 2022 (the “Order’), Hasbro respectfully requests that the Court enter an order granting leave to file the below referenced deposition transcripts with redactions. Plaintiff David Wexler does not object to the relief sought herein. In the Order, the Court directed the parties to refile excerpts of certain deposition transcripts filed in connection with Hasbro’s motion for summary judgment, with their proposed, narrowly tailored redactions of text in three categories, namely: (1) confidential business/marketing strategy documents including sensitive business communications; (2) information pertaining to business counter parties that if made public would commercially disadvantage a party or the counter party; and (3) non-public financial information and analysis. See Order; see also Dkt. No. 45 (identifying and describing categories). Accordingly, Hasbro respectfully requests that the below deposition transcripts be filed with redactions. These transcripts are attached hereto as Exhibits A and B and are filed in compliance with Rule 5(B)(i11) of the Court’s Individual Rules of Practice in Civil Cases, i.e., under seal with highlighted, proposed redactions, and publicly with redactions.

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Page 2 Exhibit Original Exhibit Original Deponent Pages/Lines for Category No. No. Dkt. No. Redaction for Sealing A Exhibit 26 to the 53-19 Jonathan 98:6-7 Categories Declaration of Berkowitz 98:14 1 and 3. Courtney L. 100:3-14 Batliner in Support 101:9-21 of Hasbro, Inc.’s 150:16-151:11 Motion for 152:18-25 Summary Judgment B Exhibit 134 to the 60-5 Jonathan 100:3-14 Category 1. Declaration of Berkowitz 101:9-21 Philippe Zimmerman in Opposition to Defendant’s Motion for Summary Judgment Hasbro thanks the Court for its time and consideration. Respectfully submitted, HOLLAND & KNIGHT LLP /s/ Courtney L. Batliner Courtney L. Batliner cc: All counsel of record (via ECF) Joshua C. Krumholz (Pro Hac Vice) Courtney L. Batliner (Pro Hac Vice) HOLLAND & KNIGHT LLP 10 St. James Ave. Boston, MA 02116 Telephone: (617) 523-2700 Facsimile: (617) 523-6850 Email: joshua.krumholz@hklaw.com Email: courtney.batliner@hklaw.com Robert J. Burns HOLLAND & KNIGHT LLP 31 West 52nd St. New York, New York 10019 Telephone: (212) 513-3200 Facsimile: (2112) 385-9010 The Honorable Valerie E. Caproni February 25, 2022 Page 3 Email: robert.burns@hklaw.com Attorneys for Defendant Hasbro, Inc.

Defendants’ application to redact the two exhibits is GRANTED. The Court finds that the proposed redactions preserve higher values and are narrowly tailored to preserve those interests. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). In its February 16, 2022 Endorsement, the Court required the parties to refile 11 deposition excerpts w: narrow redactions by February 25, 2022. See Endorsement, Dkt. 74 (listing the 11 deposition excerpts docket number). Only the two deposition excerpts that are the subject of Defendants’ letter have been refiled. By no later than Friday, March 4, 2022, the parties must show cause why the remaining nine depositi excerpts should not be filed on the public docket without any redactions. Ifthe parties do not object to filing those deposition excerpts on the public docket, they must do so by the March 4, 2022 deadline. The Clerk of Court is respectfully directed to close the open motion at docket entry 75. SO ORDERED.

Date: February 28, 2022 HON. VALERIE CAPRONI UNITED STATES DISTRICT JUDGE