A&E Television Networks, LLC v. Big Fish Entertainment, LLC ( 2024 )

GIBSON DUNN Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166 Tel 212.351.4000 gibsondunn.com Orin Snyder March 1, 2024 Direct: +1 212.351.2400 Fax: +1 212.351.6335 OSnyder@gibsondunn.com VIA ECF The Honorable Katherine Polk Failla United States District Court for the Southern District of New York 40 Foley Square, Room 2103 — MEMO ENDORSED Re: AETN Television Networks, LLC v. Big Fish Entertainment, LLC et al., 22-cvy-07411 (S.D.N.Y.) Dear Judge Failla: We represent Defendants Big Fish Entertainment LLC, Half Moon Pictures LLC, and REELZChannel, LLC (“Defendants”) in the above-captioned action. We write pursuant to Rule 9(B)() of this Court’s Individual Rules of Practice in Civil Cases to respectfully request permission to file Exhibit 4 to Defendants’ response to Plaintiff's February 27, 2024 letter under seal. The exhibit has been designated Highly Confidential by Defendant REELZChannel, LLC (“REELZ”) under the governing Protective Order (Dkt. 58), on the basis that it contains REELZ’s sensitive financial information, the disclosure of which could cause competitive harm to REELZ and third parties to which the information relates. See, e.g., Standard Inv. Chartered, Inc. v. Fin. Indus. Regulatory Auth., Ind., 347 F. App’x 615, 617 (2d Cir. 2009) (organization’s “interest in protecting confidential business information outweighs the qualified First Amendment presumption of public access”); Gelb v. Am. Tel. & Tel. Co., 813 F. Supp. 1022, 1035 (S.D.N.Y. 1993) (granting motion to seal documents based upon the “assertion that its competitors who do not now have this information could use it to do [the party] competitive injury”). We thank the Court for its consideration of this request. Respectfully, /s/ Orin Snyder Orin Snyder ce: All counsel of record (via ECF) Abu Dhabi - Beijing - Brussels - Century City - Dallas - Denver - Dubai - Frankfurt - Hong Kong - Houston - London - Los Angeles Munich +» New York » Orange County Palo Alto Paris - San Francisco + Singapore - Washington, D.C. Application GRANTED. The Clerk of Court is directed to maintain docket entry 81 under seal, viewable to the Court and the parties only. The Clerk of Court is further directed to terminate the pending motion at docket entry 80. Dated: March 4, 2024 SO ORDERED. New York, New York HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE