Fratelli bvba v. APM Music Services, LLC ( 2022 )

ZAIN | CULLINA 860-240-5758 DIRECT FACSIMILE ATTORNEYS AT LAW KZAEHRINGER@MURTHALAW.COM February 4, 2022 ViA ECF AND EMAIL: CronanNYSDChambers@nysd.uscourts.gov Hon. John P. Cronan, United States District Judge Southern District of New York 500 Pearl Street, Room 1320 New York, NY 10007 Re: Fratelli BVBA v. APM Music Services, LLC, et al., Case No. 1:20-CV-6208 JPC Dear Judge Cronan: In accordance ECF Rule §6, your Honor’s Individual Practices Rule 4.B.11., and Standing Order 19-MC-583, the undersigned hereby moves the Court for an order sealing the attached in camera submission pursuant to this Court’s Memo Endorsement (ECF No. 111), which directed the undersigned to file an in camera submission in further support the undersigned’s motion to withdraw as counsel for APM Music Services, LLC (“APM”) (ECF No. 109), by today, Friday, February 4, 2022. There is good cause to seal the in camera submission because it contains confidential information protected by the attorney-client privilege. Since these documents are submitted for in camera review, they should not be considered “judicial documents” subject to disclosure. See United States v. Wolfson, 55 F.3d 58, 61 (2d Cir. 1995) (in camera review of documents to make discovery ruling does not convert the documents into judicial documents). Also, the protection of documents subject to the attorney-client privilege is sufficient to defeat the presumption under the First Amendment of public access to documents submitted to the court. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 125 (2d Cir. 2006). In support of this Letter Motion, and consistent with your Honor’s Individual Practices Rule 4.B.11, 1am submitting herewith my Declaration explaining the specific facts which support my motion to withdraw as counsel to APM and the reference to attorney-client privileged communications support this request to seal this submission. Respectfully yours, Kristen L. Zaehringer Counsel for Defendants APM Music Services, LLC and Maurice Keizer Enclosure Murtha Cullina LLP 107 Elm Street, Suite 1101 Four Stamford Plaza, 11** Floor Stamford, CT 06902 T 203.653.5400 F 203.653.5444 fr CY SIAL E Oo □□□ □□□ To Ol RACALClC CRC A MII CS OE TT ch hUukkdl(<é‘<é‘ihNWUO OCCA VY OD MIIDTWAIL_AW frm AA Hon. John P. Cronan, U.S.D.J. February 4, 2022 Page 2 ce: Michael D. Steger, Esq. (counsel for Plaintiff), via email and ECF, w/o enclosure Jay M. Coggan, Esq. (counsel for Defendant / Cross-Claim Plaintiff Glenn Stone), via email and ECF, w/o enclosure The request to seal is granted. Ms. Zaehringer shall appear at a closed, ex parte telephone conference on the matter on February 10, 2022 at 11:00 a.m. The Court will provide the call-in information to Ms. Zaehringer separately. SO ORDERED. VF Date: February 7, 2022 JOHN P. CRONAN New York, New York United States District Judge