NCR Voyix Corporation v. Embarcadero Technologies Europe Limited

FOLEY ATTORNEYS AT LAW PARK AVENUE a NEW YORK, NY 10016-1314 FOLEY & LARDNER LLP sto eas oa50 bax WWW.FOLEY.COM WRITER’S DIRECT LINE 212.338.3442 [email protected] February 7, 2025 Via ECF The Honorable Judge John G. Koeltl APPLICATION GRANTED United States District Court SO ORDERED Southern District of New York Pearl Street Cs a New York, NY 10007 “tu, jonn G Koel Ue > Re: | NCR Voyix Corporation v. bi adero Technologies Europe Limited; Case No. 1:24-cv-04458-JGK Dear Judge Koeltl, We represent defendant and counterclaim plaintiff Embarcadero Technologies Europe Limited (“Embarcadero”), and we write, pursuant to Rule VI(A)(2) of Your Honor’s Individual Practices, to respectfully request that the Court seal Embarcadero’s motion for extensions of the fact discovery and dispositive motions deadlines (the “Motion”). The Motion includes, among other things, references to nonparties to this litigation that are plaintiff and counterclaim defendant NCR Voyix Corporation’s (“NCR”) customers (the “Nonparties”). Specifically, the Motion discusses Embarcadero’s belief— deriving from referenced documentary evidence and deposition testimony—that the Nonparties took certain actions in violation of the operative agreements between Embarcadero and NCR.

Out of an abundance of caution, Embarcadero seeks to redact specific references to the Nonparties’ identities and conduct so as to avoid publicly identifying and implicating third parties to this lawsuit. Indeed, “the privacy interests of innocent third parties ... should weigh heavily in a court’s balancing equation.” United States v. Amodeo, 71 F.3d 1044, 1050 (2d Cir. 1995).

Accordingly, Embarcadero respectfully requests that the Court seal the Motion and permit Embarcadero to publicly file a redacted version of the Motion removing references to the Nonparties’ identities and conduct in the Motion. Contemporaneous with this application, Embarcadero is separately filing (1) a public, proposed redacted Motion and (2) under seal, an unredacted version of the Motion with the proposed redactions highlighted in accordance with the Court’s Individual Practices.

Embarcadero met and conferred with NCR about this application to file sealed materials, and the proposed redactions narrowly tailor the scope of the request while still protecting the confidential information.

We thank the Court for its attention to this matter.

AUSTIN DETROIT MEXICO CITY SACRAMENTO TAMPA BOSTON HOUSTON MIAMI SAN DIEGO WASHINGTON, D.C. CHICAGO JACKSONVILLE MILWAUKEE SAN FRANCISCO BRUSSELS DALLAS LOS ANGELES NEW YORK SILICON VALLEY TOKYO DENVER MADISON ORLANDO TALLAHASSEE =sFOLEY FOLEY & LARDNER LLP February 7, 2025 Page 2 Respectfully Submitted, /s/ Christopher A. DeGennaro Christopher A. DeGennaro Park Avenue New York, NY 10016 (212) 682-7474 [email protected] Attorney for Defendant Embarcadero Technologies Europe Limited