A&E Television Networks, LLC v. Big Fish Entertainment, LLC

G | BSO N D UN N Gibson, Dunn & Crutcher LLP Park Avenue New York, NY 10166-0193 Tel 212.351.4000 gibsondunn.com ~~ MEMO ENDORSED VIA ECF The Honorable Katherine Polk Failla United States District Court for the Southern District of New York Foley Square, Room 2103 New York, NY 10007 Re: A&E Television Networks, LLC v. Big Fish Entertainment LLC et al., 22-cv-07411 (S.D.N.Y.) Dear Judge Failla: We represent Defendants Big Fish Entertainment LLC, Half Moon Pictures LLC, and REELZChannel, LLC (“Defendants”) in the above-captioned action. We write pursuant to Rule 9(B)(i) of this Court’s Individual Rules of Practice in Civil Cases to respectfully request permission to file Defendants’ response to Plaintiffs January 4, 2023 letter with limited redactions. The redacted information contains highly confidential commercial information, the disclosure of which could cause competitive harm to Defendant REELZChannel, LLC as well as to third parties. See, e.g., Standard Inv. Chartered, Inc. v. Fin. Indus. Regulatory Auth., Ind., 347 F. App’x 615, 617 (2d Cir. 2009) (organization’s “interest in protecting confidential business information outweighs the qualified First Amendment presumption of public access”); Gelb v. Am. Tel. & Tel. Co., 813 F. Supp. 1022, 1035 (S.D.N.Y. 1993) (granting motion to seal documents based upon the “assertion that its competitors who do not now have this information could use it to do [the party] competitive injury”).

We thank the Court for its consideration of this request.

Respectfully, Sef Orin Snyder cc: All counsel of record (via ECF) Abu Dhabi - Beijing - Brussels - Century City - Dallas - Denver - Dubai - Frankfurt - Hong Kong - Houston - London - Los Angeles Munich - New York - Orange County - Palo Alto - Paris - San Francisco - Singapore - Washington, D.C. Application GRANTED. The Clerk of Court is directed to maintain docket entry 70 under seal, viewable only to the Court and the parties.

The Clerk of Court is further directed to terminate the pending motion at docket entry 69.

Dated: January 10, 2024 SO ORDERED.

New York, New York Kathir Palle (flo HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE