GIBSON DUNN Harris M. Mufson Partner T: +1 212.351.3805 M: +1 917.922.1740 August 28, 2025 a [email protected] VIA EFC SO ORDERED: Hon. George B. Daniels iy , B Doral United States District Court or 5 i. □ Southern District of New York - Daniels, U.S.D | 500 Pearl St , New York, NY 10007-1312 Dated SEP 0.2 2025 Re: Marsh USA LLC v. Parrish et al., Case No. 25-cv-6208-GBD Letter-Motion to Redact Exhibits in Support of Marsh’s Motion for Temporary Restraining Order Dear Judge Daniels: We represent Plaintiff Marsh USA LLC in the above-referenced action. Pursuant to Your Honor’s Individual Rules and Practices, Section 1.D, out of an abundance of caution, Marsh seeks leave to redact and file as redacted discrete portions of certain exhibits attached to declarations in support of Marsh’s Motion for Temporary Restraining Order and Preliminary Injunction." Marsh seeks to redact the personal email addresses and personal cell phone numbers of individual non-parties, as well as information about the compensation offered to them by non- party Howden US Services, LLC, a direct competitor of Marsh. These individuals’ privacy interests in such sensitive and private information weigh heavily against the presumption of public access in a court’s balancing equation. Courts regularly allow the narrow redaction of identifying and contact information, such as names and personal email addresses and phone numbers, of non-parties, as this information enjoys only a weak presumption of public access. See Eckhart v. Fox News Network, LLC,

, at *3 (S.D.N.Y. Dec. 2, 2024) (“[T]he personal email addresses and phone numbers of various non-parties are entitled to continued sealing,” and “courts routinely permit such redactions to protect the privacy of non-parties.”). Marsh also seeks to redact confidential and sensitive performance evaluation records for certain of its employees. Courts regularly afford third-party employment evaluation records significant protection from public disclosure. See McDonnell v. First Unum Life Ins. Co.,

at *2—3 (S.D.N.Y. Jan. 4, 2012) (collecting cases recognizing that employers have “an interest in maintaining the privacy of its employee's personnel records” and finding that documents relating to performance evaluations are to be treated as confidential). Marsh also seeks to redact Defendant Julie Layton’s personal phone number. “Typically, sealing of personal information ‘such as the applicants’ ... personal phone numbers ... that is not public’ is warranted unless that information has bearing on issues before the court.” Farris v. Avon Prods., Inc.,

at *4 (S.D.N.Y. Oct. 7, 2024) (quoting Anderson v. New York City Health & Hosps. Corp.,

, at *3 (S.D.N.Y. Mar. 4, 2020)). Although the fact that Layton attempted to communicate with Marsh employees using her personal phone number

‘1 The information Marsh seeks to redact likely qualifies as “sensitive information” and/or “proprietary information” requiring caution under Your Honor’s Individual Rules and Practices, Section 1.D(i). Marsh is filing this letter-motion out of an abundance of caution.

Gibson, Dunn & Crutcher LLP

GIBSON DUNN August 28, 2025 Southern District of New York Page 2

has bearing on issues before the court, Layton’s phone number itself is not currently at issue before the court. The partial redactions submitted are narrowly tailored to protect the privacy interest the non-parties and Layton and are limited to only information that is sensitive, proprietary and/or requires caution. These redactions do not obfuscate or otherwise misrepresent the content of the exhibits, nor do they go so far as to anonymize the identities of the non-parties or Layton. Rather, they conceal only specific personal identifying information which will not directly affect the adjudication of Marsh’s claims.” Accordingly, Marsh respectfully requests that the Court grant this letter-motion. Sincerely, GIBSON, DUNN & CRUTCHER LLP

/s/ Harris M. Mufson HARRIS M. MUFSON Partner HMM

? Marsh has separately filed under seal proprietary client information, consistent with Your Honor’s Individual Rules and Practices, Section 1.D(i).