Hedgeye Risk Management, LLC v. Dale

$ 500 Fifth Avenue, 40th Floor New York, NY 10110 b | Shapiro Arato Bach Lup phone: 212-257-4880 | fax: 212-202-6417 www.shapiroarato.com Jonathan P. Bach [email protected] Direct: 212-257-4897 February 15, 2022 USDC SDNY DOCUMENT Via ECF ELECTRONICALLY FILED The H ble Robert W. Lehrb e Honorable Robe . Lehrburger : Daniel Patrick Moynihan United States Courthouse DATE FILED:_ 2/15/2022 _ Pearl Street New York, NY 10007 Re: Hedgeye Risk Management, LLC v. Dale, No. 21-cv-3687 (ALC) (RWL) Dear Judge Lehrburger: Further to Defendants’ request for immediate court intervention filed yesterday (Dkt.

168), we respectfully write to request leave to file under seal Exhibit B of a supplemental submission that details Plaintiff Hedgeye’s additional tweets following our submission to the Court. Exhibit B is a tweet from Hedgeye President Michael Blum displaying an internal Hedgeye Human Resources record concerning Defendant Darius Dale from 2018.

This document contains sensitive, personal information about Defendant Dale. Hedgeye itself previously recognized the sensitivity of this document and designated it “confidential” when it was produced it in discovery. Moreover, “courts have generally characterized personnel files as confidential and found it appropriate to enter protective orders governing their use in litigation because of the inherent potential for harm or embarrassment if the information they contain is revealed.” Duling v. Gristede’s Operating Corp., 266 F.R.D. 66, 72-73 (S.D.N.Y. 2010). Accordingly, sealing is warranted here.

Respectfully submitted, /s/ Jonathan P. Bach Jonathan P. Bach SO ORDERED: je-— 2/15/2022 □ HON. ROBERT W. LEHRBURGER UNITED STATES MAGISTRATE JUDGE