Elavon, Inc. v. Northeast Advance Technologies Inc. ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ELAVON, INC., Plaintiff, 15-CV-07985 (KMK) v. ORDER NORTHEAST ADVANCE TECHNOLOGIES INC. ET AL, Defendants. KENNETH M. KARAS, United States District Judge: In October 2015, Elavon, Inc. (“Plaintiff”) filed a Third Amended Complaint (“TAC”) against Northeast Advance Technologies, Inc. (“Northeast”), Samuel Brach (“Sam”), Joshua Brach (“Joshua” and, with Sam, the “Brachs”), Esteban Castillo (“Castillo”), Joel Friedman (“Joel”), and Rivky Friedman (“Rivky”) alleging breach of contract, breach of guaranty, fraud, and fraud in the inducement. (Dkt. No. 300, TAC.) On July 20, 2020, Plaintiff filed a Motion To Disqualify (the “Motion”) the firm of Cohen, LaBarbera and Landrigan LLP (“CLL”) from further participation in this litigation. On July 29, 2020, Defendants filed an opposition to the Motion. (Dkt. No. 371.) On August 3, 2020, Plaintiff filed a reply memorandum of law. Plaintiff and Defendants redacted portions of the above-mentioned briefing without seeking permission of the Court to do so. The Court requests that the parties each file letters on the docket with an explanation as to why such content must be redacted under Lugosch v. Pyramid Co. of Onondaga and other Second Circuit precedent. 435 F.3d 110, 119-20 (2d Cir. 2006). This Court also orders that Defendants file on the docket copies of the Waivers of Conflict referenced in Defendants’ opposition papers. (Dkt. No. 378.) SO ORDERED. Dated: December 9, 2020 } White Plains, New York LA — KENNETH M. KARAS United States District Judge