IN RE DIDI GLOBAL INC. SECURITIES LITIGATION

4.2450 UIOU TSENG VT MRAOLUITIET OS HEU 6OPeae ly Ce TT foe i ‘ | USDC SDNY || DOCUMENT i} ELECTRONICALLY FILED i! | DOC #: ye The Rosen Law Firm ||DATE FiLep: 4-7? _| INVESTOR COUNSEL April 7, 2025 The Honorable Lewis A. Kaplan United States District Court, Southern District Court of New York Pearl Street New York, NY 10007 Re: Jn re DiDi Global Inc, Secs. Litig., No. 1:21-cv-05807 Dear Judge Kaplan: We represent Lead Plaintiff Alaka Holdings Ltd., and named plaintiffs Shereen El-Nahas, Daniil Alimov, Bosco Wang, and Nijal Larson (collectively, “Plaintiffs’”), in the above-referenced matter. Pursuant to the Confidentiality Stipulation and Protective Order, entered on May 22, 2024 (ECF 190), SDNY Local ECF Rule 6.8, and Your Honor’s Individual Filing Practices, we write to request permission to file under seal the Memorandum in Support of Plaintiffs’ Motion for Reconsideration (the ‘““Motion”) and the exhibit attached thereto.

Absent a consent of the designating party or a contrary Order from this Court, the Confidentiality Stipulation and Protective Order requires Plaintiffs to file the above-referenced documents under seal pursuant to DiDi’s designation. ECF 190, at 914 (“Absent the consent of the producing party under this Section or order of the Court, the receiving party shall file the Confidential or Attorney’s Eyes Only Information under seal.”) DiDi has designated the materials at issue “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY” pursuant to the Confidentiality Stipulation and Protective Order. Plaintiffs do not concede the propriety of maintaining this material under seal and note that “[t]he burden of demonstrating that a document submitted to a court should be sealed rests on the party seeking such action, in this case [d]efendants.” DiRussa v. Dean Winter Reynolds Inc., 121 F.3d 818, 826 (2d Cir. 1997). There is a presumption favoring access to judicial records, but “the decision as to access is best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.” Nixon v. Warner Communications, 435 U.S. 589, 599, 98 S. Ct. 1306, 1312, 55 L.Ed.2 570 (1978). The public interest (and thus, the presumption of access) may be weaker in connection with documents exchanged in discovery than those attached to or referenced in public filings. See United States v. Amodeo, 71 F.3d 1044, 1048-49 (2nd Cir. 1995) (measuring weight of presumption of access by “role of material at issue in the exercise of Article III judicial power”); see also Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1312 (11th Cir. 2001) (stating that the rule that “material filed with discovery motions is not subject to the common-law right of access, whereas discovery material filed in connection with pretrial motions that require judicial resolution of the merits is subject to the common-law right.”). However, the determination THE ROSEN LAw FIRM, P.A. ¢ 275 MADISON AVENUE, 40™ FLOOR ¢ NEW York, NY 10016 ¢ TEL: (212) 686-1060 # Fax: (212) 202 -3827 4.622 YOU WLAN DAVEE ood POU Wai Faye as to whether to seal remains with the Court; the agreement of the parties is irrelevant to the propriety of granting a motion to seal. See Brown v. Advantage Eng’g, Inc., 960 F.2d 1013, 1016 (11th Cir. 1992) (stating it is “immaterial” whether the parties have agreed to seal the record when determining whether a document should be publicly filed).

While Plaintiffs do not concede (or agree) that DiDi has established a basis to designate these materials as “CONFIDENTIAL” or “ATTORNEYS’ EYES ONLY”—let alone to support sealing of judicial records—we submit this Motion, to the Court’s sound discretion, in accordance with the 914 of the Confidentiality Stipulation and Protective Order.

The Appendix below lists the parties and their counsel of record who should have access to the sealed documents.

Dated: April 7, 2025 Respectfully submitted, /s/ Laurence Rosen Laurence Rosen cc: All counsel of record via ECF ka 50 KOBLUL Ss Se USD) LEWIS PA AN, (9)