City of Almaty, Kazahkstan v. Mukhtar Ablyazov

BLANKROME APPLICATION GRANTED 1271 Avenue of the Americas |New York, N¥ 10020 ao. SO CRDERED blankrome.com Lif Phone: (212) 885-5148 / } Cle Euaits [email protected] /! Jonn G, Koel, LS LDL November 18, 2022 VIA ECF The Honorable John G. Koeltl United States District Judge United States District Court -—S.D.N-Y.

500 Pearl Street, Room 144A New York, New York 10007 Re: = City of Almaty, Kazakhstan, et ano. v. Mukhtar Ablyazov, et al., No. 1:15-cv-05345 (JGK) (KHP) Dear Judge Koeltl: We represent Triadou SPV S.A. (“Triadou”) in the above-referenced case and write to respectfully request that the Court permit Triadou to file under seal the Affidavit of Cesare Cerrito submitted in support of Triadou’s memorandum of iaw in opposition to BTA’s motion in imine #6 seeking to preclude Mr. Cerrito’s deposition testimony. As required by Rule VLA.2 of the Court’s Individual Practices, Triadou will publicly file a redacted version of its opposition brief to the extent it references the information under seal and a slip-sheeted version of Mr. Cerrito’s Affidavit, and file under seal copies of the unredacted versions of those documents with any proposed redactions highlighted.

Federal Rule of Civil Procedure 26(c) grants the Court broad discretion to issue a protective order “‘to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense” upon a finding of good cause. Here, Triadou has good cause to request sealing of Mr. Cerrito’s Affidavit and references thereto in its memorandum in opposition to BTA’s motion because these materials refer to confidential and personal information of a non-party witness, which he is providing to explain his inability to attend trial. Mr. Cerrito has also described in his Affidavit how he could be prejudiced from the publication of this information. Privacy interests of non-parties are a sufficient basis for sealing. United States v. Amodeo, 71 F.3d 1044, 1051 (2d Cir, 1995) [T]he privacy interests of innocent third parties...should weigh heavily in a court’s balancing equation’”); Sec. & Exchange Comm’n, 2020 WL, 3264264, at *3, 6 (2020) (“Public disclosure of the non-parttes’ identities and specific identifiable information reveals private investment decisions while providing little value to the monitoring of the federal courts.”). To ensure fairness, Triadou’s proposed redactions will be narrowly tailored to cover only the above- referenced information.

Additionally, Triadou requests the Court permit Exhibits A and B to the Declaration of Matthew L. Schwartz, dated November 14, 2022, to remain under seal, (ECF 1638). Triadou was not aware BTA intended to file the entirety of Mr. Cerrito’s testimony and therefore was unable to propose narrowing the material that required sealing. While portions of the deposition transcript could be filed publicly, other portions contain confidential and sensitive information, including as to non-parties. Given the uncertainty regarding what testimony will be admitted at trial, and where The Honorable John G, Koeltl November 18, 2022 Page 2 Triadou does not seek to admit the entirety of the transcript, Triadou respectfully requests the complete documents remain under seal at this time.

Thank you for your consideration of this request.

Respectfully submitted, /s/ Deborah A, Skakel Deborah A. Skakel