Venture Group Enterprises, Inc. v. Vonage Business Inc.

KELLEY DRYE & WARREN LLP PARK AVENUE FACSIMILE WASHINGTON,DC NEW YORK, NY 10178 (212) 808-7897 CHICAGO,IL www.kelleydrye.com HOUSTON,TX (212) 808-7800 SAN DIEGO, CA LOS ANGELES, CA JOSEPH A. BOYLE PARSIPPANY, Nd EMAIL:[email protected] STAMFORD, CT AFFILIATE OFFICE MUMBAI, INDIA September 30, 2020 By ECF Hon. Ronnie Abrams United States District Judge U.S. District Court Southern District of New York Thurgood Marshall United States Courthouse Foley Square New York, NY 10007 Re: Venture Group Enterprises, Inc. v. Vonage Business Inc. No. 1:20-cv-04095-RA-OTW Dear Judge Abrams: We represent Venture Group Enterprises, Inc. (“Venture’’) in the above- referenced action. Pursuant to Paragraph 5 of Your Honor’s Individual Practices in Civil Cases, Venture submits this letter motion for leave: (1) to file a redacted version of its memorandum of law in support of its motion to dismiss defendant Vonage Business Inc. f/k/a Vonage Business Ltd.’s (“Vonage”) counterclaims and to strike certain affirmative defenses; and (2) to file under seal the Declaration of Joseph A. Boyle and accompanying exhibits in support of Venture’s motion.

Pursuant to Paragraph 5(A)(i11)(1) of Your Honor’s Individual Practices in Civil Cases, Venture seeks this leave on the ground that Vonage requested that the exhibits to the Declaration of Joseph A. Boyle be filed under seal and the redactions Venture seeks leave to file relate to those exhibits.

Venture has failed to explain why sealing portions of its memorandum supporting declaration is justified under the standard set forth in Respectfully submitted, v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006), its request is prejudice. If Venture seeks to file these materials under seal, /s/ Joseph A, Boyle later than October 8, 2020, provide the Court with the reasoning for the Lugosch standard, sealing is justified here. If not, it shall file Joseph A. Boyle versions of these documents on the docket no later than October 8, 2020. fi /