Jane Street Group, LLC v. Millennium Management LLC ( 2024 )

ELSBE RG Elsberg Baker & Maruri PLLC {1 Penn Plaza, Suite 4015 BAKER + New York, NY 10119 MARU RI elsberglaw.com Hon. Paul A. Engelmayer United States District Court for the Southern District of New York 40 Foley Square, Room 2201 New York, NY 10007 May 10, 2024 Re: Jane Street Group, LLC y. Millennium Management LLC, Douglas Schadewald, and Daniel Spottiswood, No, 1:24-cv-02783 Dear Judge Engelmayer: I write on behalf of Defendants Douglas Schadewald (“Schadewaid”) and Daniel Spottiswood (“Spottiswood,” and together with Schadewald, “Individual Defendants”). Pursuant to Local Civil Rule 7.1.(d) and Individual Practice Rule 4.B, we seek permission to file under seal Individual Defendants’ Answer, Affirmative Defenses, and Counterclaims (the “Answer and Counterclaims”). Individual Defendants believe that the Answer and Counterciaims should be made public in their entirety. As Plaintiff has still not disclosed the alleged trade secret at issue in this case and the filings in this case to date concerning Jane Street’s business activities have been at a very high level of generality, the Individual Defendants do not believe the Answer and Counterclaims contain any information that would constitute a “trade secret or other highly confidential business information” sufficient to outweigh the presumption of public access. See TileBar v. Glazzio Tiles, 2024 WL 1186567, at *27 (E.D.N.Y. Mar. 15, 2024). Moreover, the weight of the presumption of public access is “heavy” as the Answer and Counterclaims are a pleading of central importance to the judicial function. Under Seal v. Under Seal, 273 F. Supp. 3d 460, 470 (S.D.N.Y. 2017). Nevertheless, out of an abundance of caution in light of Plaintiff’s pending motion for leave to seal portions of the Amended Complaint to which the Answer and Counterclaims respond (D.L. 62), Individual Defendants seek leave to file their Answer and Counterclaims under seal. Individual Defendants will meet and confer with Jane Street regarding any redactions Jane Street believes are necessary and warranted by law, and file a public version of the Answer and Counterclaim by close of business on Tuesday, May 14, 2024, Individual Defendants reserve the right to challenge any redactions proposed by Jane Street. Respectfully submitted, GRANTED. /s/ Brian R, Campbell SO ORDERED. P ( A Brian R. Campbell Dated: May 13, 2024 PAUL A. & unk New York, New York United States District Judge