Davis v. Odn I Gmbh

M [_ Justin M. Ellis vil O LO A M K E N MoloLamken LLP □□□ 430 Park Avenue New York, NY 10022 USDC SDNY T: 212.607.8160 DOCUMENT F: 212.607.8161 [email protected] June 17, 2024 ELECTRONICALLY FILED www.mololamken.com DOC #: Hon. Margaret M. Garnett DATE FILED: 6/18/2024 United States District Court Southern District of New York Foley Square New York, NY 10007 GarnettN [email protected] VIA CM/ECF AND EMAIL Re: Davis v. Odn I GmbH et al., No. 24 Civ. 1463 Dear Judge Garnett: We represent Defendants Contrarian Capital Management, LLC and Joshua Weisser. In a June 6 minute entry, the Court directed Contrarian to file an amended disclosure statement under Fed. R. Civ. P. 7.1 listing the identity of its members. We write to respectfully request leave to file under seal the membership information in Contrarian’s amended disclosure statement filed contemporaneously with this letter motion.

Courts recognize that “protecting the privacy interests of non-parties, including their business and financial records, represents a legitimate basis for sealing judicial documents.” SEC v. Telegram Grp., Inc., 2020 WL 3264264, at *3 (S.D.N.Y. June 17, 2020) (citing United States v. Amodeo, 71 F.3d 1044, 1050-51 (2d Cir. 1995)). Applying these standards, the Court previously issued an order in April 2024 granting Plaintiff's request to seal information about Contrarian’s members in Plaintiff's amended complaint. Dkt. 37.

The logic of that order warrants sealing the same information in Contrarian’s Rule 7.1 statement. None of Contrarian’s members or sub-members are parties to this case; the redactions remain irrelevant to the public’s understanding of this dispute. Moreover, Contrarian’s members and sub-members still have a substantial interest in maintaining the privacy of their investments.

We have met and conferred with the other parties, who consent to sealing. As such, the Court should permit Contrarian to redact membership information from its amended Section 7.1 statement. plication GRANTED. For the reasons stated at Dkt. No. .

Defendant Contrarian Capital Management, LLC is Respectfully submitted, to file its Rule 7.1 Amended Disclosure Statement : : . . /s/ Justin M. Ellis seal. The Clerk of Court is respectfully directed to Justin M. Ellis Dkt. No. 48.

Dated June 18, 2024.