Ryan Berris v. Sung-Fung Choi (a/k/a Norman Choi) et al.

SheppardMullin Seether New York, New York 10112-0015 212.653.8700 main 212.653.8701 fax www.sheppardmullin.com Paul Werner pwerner @sheppardmullin.com September 2, 2025 VIA ECF Hon. Arun Subramanian United States Courthouse Pearl St., Courtroom 15A New York, NY 10007 Re: Ryan Berris v. Sung-Fung Choi (a/k/a Norman Choi) et al., Case No. 1:23-CV-04305 (AS); Letter Motion To Seal.

Dear Judge Subramanian: We write on behalf of Defendants Norman Choi (“Choi”), De Tomaso Automobili Holdings, N.A.

LLC (“De Tomaso”), Samuel Lui (“Lui”), and Genesis Unicorn Capital Corporation (“Genesis”) (collectively, “Defendants”), pursuant to the Court’s order requesting a “focused application” of the materials submitted with Defendants’ Motions for Summary Judgment (“Motions”), Plaintiff Ryan Berris’ (“Berris”) Omnibus Opposition to Defendants’ Motions, and Defendants’ Omnibus Reply in Support of their Motions. Defendants request the Court to partially redact and/ or maintain the following confidential documents under seal pursuant to the Court’s Individual Practices in Civil Cases J 11 and Federal Rule of Civil Procedure 5.2.

In accordance with the Court’s form protective order, the parties agreed to designate as “Confidential” discovery material that contains “nondisclosed financial information,” “nondisclosed material relating to ownership or control of any non-public company,” “business plans, product development information, or marketing plans,” and “personal or intimate” information. Dkt. 63-2 { 2; see Standard Inv. Chartered, Inc. v. Fin. Indus. Regulatory Auth., Ind., 347 Fed. App’x. 615, (2d Cir. 2009) (holding a party’s “interest in protecting confidential business information outweighs the qualified First Amendment presumption of public access’); see also Avocent Redmond Corp. v. Raritan Americas, Inc., No. 10 CIV. 6100 PKC, 2012 WL 3114855, at *15-17 (S.D.N.Y. July 31, 2012) (sealing trade secrets, employment information, engineering schematics, and confidential business information because their disclosure could “be used adversely by competitors,” “unfairly allow competitors to develop competing products,” “affect future contract negotiations,” and “cause competitive harm.”). As a result, during discovery the parties each produced certain documents with “confidential” designations. Under the parties’ protective order, all such documents are to be “filed under seal.” Dkt. 63-2 J 6.

Consistent with that protective order, Defendants move to partially redact or keep the following documents under seal.’ Defendants agree to the public filing of any document not listed herein.

1 Defendants attach to this motion the redacted version of all exhibits labeled as “Redacted.”

For all exhibits labeled as “Sealed,” Defendants refer to the exhibits submitted with Defendants’ SheppardMullin September 2, 2025 Page 2 | Undisclosed Financial Information.

Defendants move to partially redact or keep under seal the following undisclosed financial information, which would cause competitive and other harm to Defendants if publicly disclosed.

Standard Inv. Chartered, Inc., 347 Fed. App’x. at617; Dkt. 63-2 J 2. The documents listed below include bank statements and records, financial statements, financial projections, and communications related to a company audit. De Tomaso is in the process of obtaining outside investments and fundraising to increase capital. The financial documents below include current data still being used by De Tomaso today that if released to the public could irreparably harm De Tomaso in its future transactions. Defendants partially redacted the documents they could redact without losing the entire purpose of the document. Particularly, Defendants redacted specific valuation numbers of the company, investment figures, forecasts for the upcoming years, bank account numbers, and audit information. However, it was not possible simply to redact some of these documents because the entire purpose of the documents is De Tomaso’s financial information. As a result, those documents are properly sealed.

SFltctomy Lela) orca =x-yeqg ice) | > ditleyii AXeters (eats lel] rileyets boTers (ste BERRIS- Bank Statement Genesis Ex. 16 | Redacted 000083295 De Tomaso Ex. | account numbers 16 and balances N/A Defendants’ Requests for Genesis Ex. 10 | Redacted Admission, Composite Exhibits 3 & 4 | De Tomaso Ex. | account numbers Bank Statements 12 DT0000000227 Bank Records Genesis Ex. 49 | Redacted De Tomaso Ex. | account numbers DT0000050958 Email Thread Related To SPAC Berris Ex. 27 Redacted Investment and De Tomaso valuation figures Valuation GENO0000000178 | Email Related To Financial Forecast | Berris Ex.114 | Redacted financial line items Tomaso’s General Journals 85 GENO000000056 |} Email Thread With Samuel Lui Genesis Ex. 30 | Sealed including 2027 Financial Forecast De Tomaso Ex. DT0000000138 De Tomaso Consolidated Financial Genesis Ex. 48 | Sealed Statements De Tomaso Ex. Motions, Berris’ Omnibus Opposition to Defendants’ Motions, and Defendants’ Omnibus Reply in Support of their Motions.

SheppardMullin September 2, 2025 Page 3 Forecast Diligence Process Outgoing Payments Including Account Numbers And Client Information Advancements from Shareholder and Client Information Details DT00142119 Draft Notice of Major Transaction Berris Ex. 186 | Sealed See Business and Financial Info. ll. Documents Related To Business Plans, Marketing Plans, And Product Development.

Defendants move to partially redact or keep under seal the following documents related to De Tomaso’s business plan, marketing endeavors and plans, and product development. Standard Inv. Chartered, Inc., 347 Fed. App’x. at 617; Avocent Redmond Corp., 2012 WL 3114855, at *15- 17. These communications include contract negotiations (including redlined agreements), communications related to a potential SPAC transaction, communications related to De Tomaso’s business strategy, communications with customers, and proposed marketing initiatives. The publication of De Tomaso’s marketing and business strategy, automotive developments, employment and purchase agreements, client lists and communications, and technical partners would cause severe harm to De Tomaso. If disclosed, these documents would give competitors an unfair insight into the internal workings, plans, and capabilities of De Tomaso. Avocent Redmond Corp., 2012 WL 3114855, at *15-17. Defendants partially redacted the documents they could redact without losing the entire purpose of the document. Particularly, Defendants redacted specific text messages referring to business strategy, client identification, and financial arrangements. However, it was not possible simply to redact some of these documents because the entire purpose of these documents is De Tomaso’s business, marketing, and product development. As a result, those documents are properly sealed.

SheppardMullin September 2, 2025 Page 4 SECM Uti) eLcy □□ ex-yet al etcey a] Silo AXsLefsLeatsie |) Telanereve eters] (218) DT0000032181 Email Thread And Attachment With Genesis Ex. 34 | Redacted Carmen Jorda De Tomaso account and cell Ex. 40 phone numbers DT0000049319 Text Messages Between Ryan Berris | Berris Ex. 19 Redacted client And Norman Choi Discussing De names, address, Tomaso Meetings And Business and payment Strategy information DT00132501 Text Messages Between Diana Berris Ex. 34 Redacted Majcher And Norman Choi financial Discussing Business Strategy modeling assumptions DT00099775 Text Messages Between Diana Berris Ex. 35 Redacted client Majcher and Norman Choi Discussing names, valuation Business Strategy numbers, and investor details Discussing Business Strateg names DT00134071 Text Messages Between Diana Berris Ex. 39 Redacted Majcher And Norman Choi payments to Discussing Business Strategy, vendors Including Expenses and Audit DT00157092 Text Messages Between Norman Berris Ex. 41 Redacted client Choi and Diana Majcher Discussing names Business Strategy GEN0000000274 | Text Messages Between Norman Berris Ex. 48 Redacted Choi and Samuel Lui Discussing valuation figures Business Strategy and financial numbers DT0000048837 Text Messages Between Ryan Berris | Berris Ex. 75 Redacted client and Norman Choi Discussing information Business Strateg DT0000045727 Text Messages Between Ryan Berris | Berris | Redacted client and Norman Choi Discussing names and Business Strateg financial data DT0000046548 Text Messages Between Norman Berris Ex. 102 | Redacted Choi and Ryan Berris Discussing valuation Business Strateg modeling data DT00164138 Text Messages Between Diana Berris Ex. 128 | Redacted client Majcher and Norman Choi Discussing data and Business Strateg SheppardMullin September 2, 2025 Page 5 financial audit data DT00164777 Text Messages Between Diana Berris Ex. 138 | Redacted client Majcher and Norman Choi Discussing data Business Strategy and Transactions DT0000040939 Text Messages Between Norman Berris Ex. 139 | Redacted client Choi and Ryan Berris Discussing information Business Strategy And Dealings DT00133763 Text Messages Between Diana Berris Ex. 141 | Redacted Majcher and Norman Choi Discussing financial figures Business Strategy And Transactions and transactions DT00109256 Text Messages Between Jowyn Berris Ex. 142 | Redacted client Wong and Norman Choi Discussing data and car Business Strategy And Disputes mockup DT00134279 Text Messages Between Diana Berris Ex. 143 | Redacted Majcher And Joe Wong Discussing payments to Business Strategy And Disputes vendors GEN0000007312 | Text Messages Between Norman Berris Ex. 161 | Redacted Choi and Samuel Lui Discussing mentions of car Business Strategy And Business price and Matters schedule DT0000081653 Text Messages Between Sam Lui Berris Ex. 169 | Redacted and Norman Choi Discussing valuation figures, Business Strategy investor individual names, client names, deal structure terms DT0000082625 SPAC Transaction Summary Genesis Ex. 31 | Sealed De Tomaso Ex. 70 DT0000052148 Letter of Intent re SPAC Genesis Ex. 51 | Sealed De Tomaso Ex. 59 DT00162447 Email Thread re SPAC Genesis Ex. 53 | Sealed De Tomaso Ex. 71 DT00138116 SPAC Investor Presentation Genesis Ex. 55 | Sealed De Tomaso Ex. 69 Agreement Ex. 75 SPAC Investment Ex. 78 SheppardMullin September 2, 2025 Page 6 SPAC Investment Ex. 79 SPAC Investment Ex. 80 P72 Development Partnership Ex. 84 Ex. 86 DT0000026272 Email and Attachment Related To Berris Ex. 23 Sealed Financial Forecasts Valuations Client Purchase Agreement and Deposit DT0000008501 2020 Summer Engagement Plan Berris Ex. 65 Sealed one omer ee Marketing Purchase Settlement Agreement Majcher and Norman Choi Discussing Business Strateg and Norman Choi Discussing Business Strateg Communications Ill. Personal Information Defendants move the Court to redact the following documents, which contain personal identification information for Norman Choi and Sam Lui. Dkt. 63-2 ¥ 2; Fed. R. Civ. P. 5.2. tctomy Leltielcys D=s-yeqg elecey | daliedis Neer leqtcre | Tela er=i6 Stet (s18) numbers SheppardMullin September 2, 2025 Page 7 oe = Ex. 28 De Tomaso numbers Ex. 29 De Tomaso numbers Ex. 30 GENO0000009360 ‘| Personal Phone Bill And Records Genesis Ex. 54 | Redacted De Tomaso account Ex. 68 numbers and personal phone numbers IV. Documents Relating To The Ownership And Control Of De Tomaso.

Defendants further move to keep under seal the following documents related to De Tomaso’s ownership and control. De Tomaso is not a publicly traded company, and is in the middle of ongoing transactions. De Tomaso’s private ownership provides De Tomaso with negotiating power, protects its assets and trade secrets, and provides personal and financial privacy. If De Tomaso’s corporate structure and ownership were to be made public, De Tomaso would lose some of its competitive advantage and the protections afforded by its private ownership status.

As aresult, these documents are sensitive and confidential and should remain sealed. Dkt. 63-2 q 2.

Cctom Lett eley Bitter elecey a => daliedis aXe leatcre |] Tehaerens Tere] (ene DT0000059716 Email Thread And Attachment With De Tomaso Sealed PROS [setonasocrupcnat [eee [ee BERRIS- Email Thread With De Tomaso De Tomaso Sealed 000064746 Counsel Related To Entity Formation | Ex. 76 BERRIS- Email Thread With De Tomaso De Tomaso Sealed foccurrara [Counsel Reited To Entity Formation fn BERRIS- Email Thread With De Tomaso De Tomaso Sealed foooorse16 | Gounseleleted Totntiyromaton [exes [ne Counsel Related To Entity Formation Fung Choi ID Card Purchase Agreement And Attachment with Personal W-9 SheppardMullin September 2, 2025 Page 8 Defendants further note they have redacted from their public filings “sensitive information,” including “social security numbers,” “personal identifying number[s],” “dates of birth,” “financial account numbers,” “individual financial information,” and “home addresses.” Individual Practices In Civil Cases J 11(A). Consistent with paragraph 11(A) of the Court’s Individual Practices In Civil Cases, these redactions do not require Court approval.

Respectfully, Paul Werner for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Paul Werner (Lead Counsel) (NYSB:6104798) Imad Matini (pro hac vice) (NYSB: 5302419) Hannah Wigger (pro hac vice) Alexandra Bustamante (pro hac vice) for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP Attorneys for Defendants CC: All Counsel (via ECF) GRANTED, but only the exhibits identified in this letter may be filed in redacted form or under seal. Defendants should identify any exhibits currently under seal by docket number that are not referenced in this list and submit a letter to the Court by September 30, 2025, so that the Court can order the unsealing of those docket entries.

The Clerk of Court is respectfully directed to terminate the motions at Dkts. 181 and 187. SO ORDERED.

Arun Subramanian, U.S.D.J.

Date: September 17, 2025