Simpson v. Peloton Interactive, Inc. ( 2020 )

D | | ELECTRONICALLY FILED “ DOC #: :_09/22/2020 DICELLO LEVITT GUTZLER DATE FILED 444 MADISON AVENUE FOURTH FLOOR NEW YORK, NEW YORK 10022 seco MEMO ENDORSED GGUTZLER@DICELLOLEVITT.COM 646.933.1000 September 17, 2020 Hon. Lewis J. Liman Daniel Patrick Moynihan United States Courthouse, Courtroom 15C 500 Pearl St., New York, NY 10007 Re: | Brody Simpson v. Peloton Interactive, Inc., Case No. 1:20-cv-07630 (LJL) Letter Motion re: Filing Certain Documents Under Seal Dear Judge Liman: Petitioner Brody Simpson (“Petitioner”) writes pursuant Rule G of your Honor’s Individual Rules for Practice of Civil Cases, and respectfully submits this letter motion to file certain documents under seal, with agreement by Respondent Peloton Interactive, Inc. Specifically, Petitioner seeks to file under seal documents that are subject to a Stipulated Confidentiality Agreement and Protective Order entered by the American Arbitration Association and contain information designated as “confidential” or “highly confidential — attorneys’ eyes only” by the Parties. The district court enjoys considerable discretion in determining whether to seal documents filed in federal courts. Geller vy. Branic Int’l Realty Corp., 212 F.3d 734, 738 (2d Cir. 2000); see generally Fed. R. Civ. P. 5.2(e); Fed. R. Civ. P. 26(c). The standards for filing documents under seal in this Circuit were first set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006). In that case, the Second Circuit stated that the “common law right of public access” attaches to “judicial documents,” which are those documents “relevant to the performance of the judicial function and useful in the judicial process.” Jd. In deciding requests such as this one, the Court needs to balance competing considerations against the right of public access. Id. at 120. Valid competing considerations exist where the disclosure of confidential information would subject a party to “financial harm” or cause a party “significant competitive disadvantage.” Standard Inv. Chartered Inc. v. Fin. Indus. Reg. Auth., Inds., 347 Fed App’x 615, 617 (2d Cir. 2009). The Parties agree that documents and information subject to the Stipulated Confidentiality Agreement and Protective Order entered by the American Arbitration Association and as a part of that Order must be filed under seal in any subsequent judicial proceeding. Petitioner confirms that the documents for which he is seeking sealed treatment are documents that contain information designated as “confidential” or “highly confidential — attorneys’ eyes only.” Petitioner reserves his rights with respect to whether these documents will continue to require confidential treatment for future proceedings. For these reasons, Petitioner respectfully requests leave to file these documents under seal. Respectfully submitted, /s/ Greg G. Gutzler GREG G. GUTZLER ggutzler@dicellolevitt.com DENIED without prejudice to the parties DICELLO LEVITT GUTZLER LLC how the opinion from the American 444 Madison Avenue, Fourth Floor Association is not a "judicial document" New York, New York 10022 the meaning of that term as used in Lugosch in Telephone: (646) 933-1000 action to confirm the award. Alternatively, if aspects of the petition or opinion are ADAM J. LEVITT confidential, the parties may file a joint alevitt@dicellolevitt.com proposing more narrow redactions by no later ADAM PROM* . Friday, September 25, 2020. aprom@dicellolevitt.com DICELLO LEVITT GUTZLER LLC must follow Rule 5B of this Court's Individual Ten North Dearborn Street, Sixth Floor . . . . Chicago, Illinois 60602 including that proposed redactions must be Telephone: (312) 214-7900 in the unredacted document(s) filed under on ECF. ASHLEY C. KELLER* ack@kellerlenkner.com ORDERED. AARON M. ZIGLER - amz@kellerlenkner.com ( oT KELLER LENKNER LLC 150 North Riverside Plaza, Suite 4270 Date: September 22, 2020 Chicago, Illinois 60606 VALERIE CAPRONI Telephone: (312) 741-5222 STATES DISTRICT JUDGE Counsel for Petitioner * pro hac vice to be sought