GEM Yield Bahamas Limited v. Mullen Technologies, Inc.

mwe.com David K. Momborquette Attorney at Law [email protected] +1 212 547 5490 February 18, 2025 VIA ECF Honorable Katherine Polk Failla United States District Court Southern District of New York Thurgood Marshall United States Courthouse Foley Square, Room 2103 New York, NY 10007 Re: GEM Yield Bahamas Limited, et al. v. Mullen Technologies, Inc. et al., No. 1:24-cv-01120-KPF Letter Motion to File Document in Redacted Form To the Honorable Katherine Polk Failla: We represent Respondents Mullen Technologies, Inc. and Mullen Automotive, Inc. in the above- referenced action. Pursuant to Rules 2(C) and 9(B) of Your Honor’s Individual Rules of Practice in Civil Cases, we respectfully submit this letter motion seeking leave to redact limited portions of Exhibit A to Respondents’ February 18, 2025 Letter to the Court providing proof of notice to Respondents’ officers and directors of the Court’s Judgment (ECF No. 148).!

Respondents’ requested redactions—which cover only the email addresses of the officers and directors identified in Exhibit A—are warranted because they are narrowly tailored to protect personal identifying information that, if disclosed, could lead to the unnecessary harassment of Respondents’ respective officers and directors, and further, disrupt their efforts to fulfill their duties. See, e.g., Playtex Prods., LLC v. Munchkin, Inc., 2016 WL 1276450, at *11 (S.D.N.Y. Mar. 29, 2016) (permitting limited redactions of information that implicated plaintiffs’ privacy interests and that, if disclosed, could harm plaintiffs). 'Tn accordance with the directives contained in the Court’s Judgment (see ECF No. 148 at 2), a copy of Respondents’ letter providing proof of notice is being filed simultaneously herewith.

One Vanderbilt Avenue New York NY 10017-3852 Tel +1212 547 5400 Fax +1 212 547 5444 M Cc De rm ott US practice conducted through McDermott Will & Emery LLP.

Will & Emery Honorable Katherine Polk Failla February 18, 2025 Page 2 As such, Respondents respectfully request that the Court permit them to file portions of Exhibit A in redacted form.

Respectfully submitted, /s/ David K. Momborquette David K. Momborquette The Court has reviewed Respondents' letter motion to seal (Dkt. #149) and Petitioners' letter in opposition (Dkt. #152). It appears that Petitioners' counsel has not reviewed the version of Exhibit A without redactions, which was simultaneously filed under seal viewable to the parties and the Court only. (Dkt. #150-1).

The Court hereby GRANTS Respondents' letter motion to seal. The Clerk of Court is directed to file docket entry 150-1 under seal, viewable only to the parties and the Court.

The Clerk of Court is further directed to terminate the pending motion at docket entry 149.

Dated: February 19, 2025 SO ORDERED.

New York, New York HON. KATHERINE POLK FAILLA UNITED STATES DISTRICT JUDGE McDermott Will & Emery