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Damani C. Sims 212.634.3068 direct [email protected] June 11, 2024 vise MEMO ENDORSED Hon. Katherine Polk Failla, United States District Judge United States District Court for the Southern District of New York 40 Foley Square New York, New York 10007 Re: | Massachusetts Mutual Life Insurance Company v. Broadway 340 Madison Fee LLC., et al., Case No. 1:24-cv-03865 (KPF)(RFT) Dear Judge Failla: We write on behalf of Plaintiff pursuant to Rule 9 of the Court’s Individual Practices in Civil Cases to request leave to file certain documents under seal that are being offered in support of Plaintiff's Reply to Broadway 340 Madison Fee LLC’s (“Borrower”) Opposition to Plaintiff's Motion to Appoint a Receiver and for a Preliminary Injunction (the “Motion’’). We made an effort to draft the Reply to exclude confidential materials. One Exhibit to the Declaration of Danielle D’Ambrosio (the Ambrosio Declaration”) in support of the Motion, however, contains certain confidential information related to the subject property. Specifically, Exhibit 2 to the D’Ambrosio Declaration is a February 28, 2024 email from Borrower that contains three attachments. We have omitted two attachments that are unnecessary to resolve the Motion, but one attachment and the email itself are submitted under seal and omitted from the publicly filed copy of the Exhibit. Plaintiff requests approval for filing this document under seal. There is ample authority for such material to be sealed E.g., In re B & C KB Holding GmbH, 22-mc-180,

, at *1 (S.D.N.Y. Feb. 14, 2023) (“courts in this District routinely permit parties to seal or redact commercially sensitive information in order to protect confidential business and financial information”); see also Valassis Commce’ns, Inc. v. News Corp., 17-cv-7378,

, at *3 (S.D.N.Y. May 5, 2020) (granting plaintiffs motion to seal and holding that plaintiffs “interest in protecting the sensitive business information of its active business units, such as the financial metrics of [a business] division, outweighs the public’s presumed right of access at this stage of the litigation. . . . [Plaintiff]’s proposed redactions covering this information are narrowly tailored to protect these specific financial metrics”). Thus, it is appropriate for the Court to grant this letter motion, which is narrowly tailored to seal the confidential information contained in just one Declaration Exhibit.

SheppardMullin Hon. Katherine Polk Failla, United States District Judge June 11, 2024 Page 2

We thank the Court for its consideration. Respectfully submitted, SHEPPARD, MULLIN, RICHTER & HAMPTON LLP By: /s/ Damani C. Sims. Damani C. Sims 30 Rockefeller Plaza New York, New York 10112 Telephone: (212) 653-8700 Facsimile: (212) 653-8701 [email protected] Attorneys for Plaintiff Massachusetts Mutual Life Insurance Company

GRANTED. The Clerk of Court is directed to maintain docket 39 under seal, viewable to the Court and the parties only. Clerk of Court is further directed to terminate the pending motion at entry 37. June 12, 2024 SO ORDERED. New York, New York Kithirees Palle Feith HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE