oe 600 Pennsylvania Ave, SE. roa Suite 200 22 See Washington. DC 20003 Brianne E. Marphy* Murphy Group cny, Rowen E: brianne@indusiielaw.com “Admitted in New York and Washington, BC: March 7, 2022 Via ECF Honorable Denise L. Cote U.S. District Court for the Southern District of New York 500 Pearl Street, Room 1910 New York, NY 10007 Re: Thomas Koestler vy. Martin Shkreli, No. 16-cv-7175-DLC Dear Judge Cote: I respectfully request permission to file a letter motion under seal as permitted by Your Honor’s Individual Rule 8(B). Sealing/Redactions Requiring Court Approval. The letter motion contains confidential information regarding the terms of an operating agreement as well as current offers to purchase Phoenixus AG stock. Respondent recognizes that any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must be otherwise consistent with the presumption in favor of public access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Respondent believes that the detail of Mr. Martin’s operating agreement with Phoenixus AG as well as current offers to purchase Phoenixus AG stock meets this standard. Respectfully submitted, /s/ Brianne E, Murphy ce All counsel of record (via ECF) J □ i | bent Wr