Ogilvie Brands, Inc. v. Love Health, Inc.

E AS O N One Barker Avenue INTELLECTUAL White Plains, New York 10601 ELLIS“ T 914.821.3075 [email protected] 6, 2023 Cameron S. Reuber PARTNER VIA ECF The Honorable Jennifer H. Rearden United States District Judge Southern District of New York Pearl Street, Room 1010 New York, New York (212) 805-0230 Re: Ogilvie Brands, Inc. DBA Love Wellness v. Love Health, Inc., Civ. No. 1:23-04932 (JHR)(VF) Dear Judge Rearden: We submit this letter on behalf of Plaintiff Ogilvie Brands, Inc. DBA Love Wellness (“Love Wellness”) to present the Court with an agreed-upon briefing schedule regarding Plaintiffs Motion for Preliminary Injunction (Dkt. 11), and to request permission to file Plaintiffs Motion for Preliminary Injunction in redacted form in accordance with Standing Order 19-MC-583, Section 6 of the S.D.N.Y Electronic Case Filing Rules and Instructions, and Your Honor’s Individual Rules and Practices.

Contemporaneous with the filing of this letter, Plaintiff filed its Motion for Preliminary Injunction (Dkt. 11). The parties have agreed to a briefing schedule in connection with Plaintiffs Motion. The parties agreed that Defendant’s response to Plaintiffs Motion must be filed fourteen (14) days after the filing date of Plaintiff's Motion (July 20, 2023), and Plaintiff's reply deadline will be seven (7) days after the filing of Defendant’s response (July 27, 2023). Plaintiff brings to the Court’s attention that a modification of the reply date may be necessary due to a pre-scheduled surgery for lead counsel Airina Rodrigues and opposing counsel has agreed to reasonable modification. Plaintiff will alert the Court and opposing counsel of a request for a brief extension by Monday, July 24, 2023.

Pursuant to Standing Order 19-MC-583, Section 6 of the S.D.N.Y Electronic Case Filing Rules and Instructions, and Your Honor’s Individual Rules and Practices, Plaintiff seeks to file a redacted version of Plaintiff's Motion for Preliminary Injunction and accompanying Declaration of Lauren Bosworth. Plaintiff seeks to redact two small portions of text that relate to Plaintiffs sensitive business information. Under Your Honor’s Individual Rules and Practices, [t]o be approved, any redaction or sealing of public court filings require Court approval. To be approved, any redaction or sealing of a court filing must be narrowly tailored to serve whatever purpose justifies the redaction or sealing and must otherwise be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onodaga, 435 F.3d 110, 119-20 (2d Cir. 2006).

July 6, 2023 Page 2 Plaintiff asserts that the two redactions are narrowly tailored to protect Plaintiff's sensitive business information regarding Plaintiff's revenue and marketing expenditures. Plaintiff seeks permission to file a redacted version of Plaintiff's Motion until the parties can negotiate, and the Court enters, a stipulated protective order. The parties have met and conferred to discuss the scope of the redacted material. Defendant consents to this request.

Very truly yours, Cameron S: Reber c: Counsel for Defendant (Ethan Jacobs ejacobslaw.com) The parties’ proposed briefing schedule is adopted. See July 10, 2023 Minute Entry.

Plaintiff is granted leave to make the requested redactions, subject to entry of a stipulated protective order. See Letter-Motion at 2. By July 19, 2023, the parties shall submit a proposed protective order, in compliance with Rule 10 of the Court’s Individual Rules and Practices in Civil Cases.

The Clerk of Court is directed to terminate ECF No. 16.

SO ORDERED.

Jennifer H. Rearden, U.S.D_J.

Date: July 12, 2023