Better Holdco, Inc. v. Beeline Loans, Inc.

we ¢C hd & COFFEY MODICA O’'MEARA CAPOWSKI OFFICES NEW YORK NEW JERSEY CONNECTICUT July 13, 2022 BY E-MAIL AND ECF Honorable John P. Cronan United States District Judge United States District Court Southern District of New York Pearl Street, Room 1320 New York, New York 10007 Re: Better Holdco, Inc. v. Beeline Loans, Inc., No. 1:20-cv-08686 (JPC) (SN) Dear Judge Cronan: This firm represents Defendant Beeline Loans, Inc. (“Beeline”) in the above-captioned matter. Pursuant to Rule 4.B.11 of Your Honor’s Individual Rules and Practices in Civil Cases (“Rules”), Beeline respectfully requests leave to file one document under seal in connection with its Memorandum of Law in Opposition to Plaintiff Better Holdco, Inc.’s (“Plaintiff”) Motion to Strike or Exclude Beeline’s Proposed Experts.

I. Documents Designated Confidential by Plaintiff “The presumption of public access to judicial documents is based on the need for federal courts, although independent—indeed, particularly because they are independent—to have a measure of accountability and for the public to have confidence in the administration of justice.”

Lugosch vy. Pyramid Co. of Onondoga, 435 F.3d 110, 119 (2d Cir. 2006). The mere filing of a paper or document with the court is insufficient to render that paper a “judicial document;” the item filed must be relevant to the performance of the judicial function and useful in the judicial process. /d. “Access to written documents filed in connection with pretrial motions is particularly important in the situation ... where no hearing 1s held and the court’s ruling is based solely on the motion papers.” /d. at 124 (internal citation omitted). The court must balance competing considerations against common law presumptions of access. /d. at 120.

Beeline seeks leave to file under seal one document that Plaintiff Better Holdco, Inc. (“Plaintiff”) has designated as Confidential Discovery Material under the Amended Protective Order (see Dkt. No. 101).

1. Exhibit C to the Modica Declaration in support of Beeline’s Opposition to Plaintiff's Motion to Strike or Exclude Beeline’s Proposed Experts is the expert report of Plaintiff's expert, Ronald Schnell. Plaintiff has previously designated this document as Attorneys’ Eyes Only.

COFFEY MODICA O’MEARA CAPOWSKI Hon. John P. Cronan July 13, 2022 Page 2 Beeline takes no position regarding the need for sealing the above document and reserves the right to challenge Plaintiffs designation of same as Confidential Discovery Material.

We are available at the Court’s convenience to discuss this application.

Respectfully submitted, KAM be Z— Robert Modica, Esq.

The Court understands from the parties’ letters that Exhibit C to the Modica Declaration consists of pages 1, 5, and 9-10 of the Schnell Report. In light of Plaintiff's letter dated July 15, 2022, advising the Court that it withdraws its confidentiality designations with respect to pages 1, 5, and 9-10 of the Schnell Report, see Dkt. 250, Defendant's request to file Exhibit C to the Modica Declaration under seal is denied. Defendants shall file Exhibit C to the Modica Declaration publicly on the docket.

SO ORDERED.

Date: July 18, 2022 New York, New York JOHN P. CRONAN United States District Judge COFFEY MODICA O’MEARA CAPOWSKI