State of New York ex rel. Edelweiss Fund, LLC v. JPMorgan Chase & Co.

State of New York ex rel. Edelweiss Fund, LLC v JPMorgan Chase & Co. 2024 NY Slip Op 32964(U) August 23, 2024 Supreme Court, New York County Docket Number: Index No. 100559/2014 Judge: Andrew Borrok Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service.

This opinion is uncorrected and not selected for official publication. [FILED: NEW YORK COUNTY CLERK 08/23/2024 04:26 P~ INDEX NO. 100559/2014 NYSCEF DOC. NO. 2525 RECEIVED NYSCEF: 08/23/2024

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 53 ----------------------------------------------------------------------------------- X STATE OF NEW YORK EX REL. EDELWEISS FUND, INDEX NO. 100559/2014 LLC, 07/03/2024, Plaintiff, 07/03/2024, 07/03/2024, - V - 07/03/2024, 07/03/2024, JPMORGAN CHASE & CO., CITIGROUP, INC.,M&T 07/03/2024, BANK CORPORATION, WELLS FARGO & COMPANY, MOTION DATE 07/09/2024 MERRILL LYNCH & CO., INC.,MORGAN STANLEY SMITH BARNEY LLC,JPMORGAN CHASE BANK, N.A., 094 095 J.P. MORGAN SECURITIES LLC,J.P. MORGAN 098 099 SECURITIES, INC.,CITIBANK, N.A, CITIGROUP GLOBAL MOTION SEQ. NO. 101 MARKETS, INC.,CITIGROUP FINANCIAL PRODUCTS, INC.,CITIGROUP GLOBAL MARKETS HOLDINGS, INC.,M&T BANK, BANK OF AMERICA CORPORATION, AMENDED AND BANK OF AMERICAN.A., BANC OF AMERICA RESTRATED DECISION+ SECURITIES LLC,MERRILL LYNCH, PIERCE, FENNER & ORDER ON MOTION SMITH INC.,BOFA MERRILL LYNCH ASSET HOLDINGS, INC.,MORGAN STANLEY, MORGAN STANLEY & CO. LLC,MORGAN STANLEY BANK, N.A., MORGAN STANLEY CAPITAL SERVICES INC.,MORGAN STANLEY CAPITAL GROUP INC., Defendant. ----------------------------------------------------------------------------------- X HON. ANDREW BORROK: The following e-filed documents, listed by NYSCEF document number (Motion 093) 1702, 1703, 2292, 2340,2341,2342,2343,2344,2429,2448 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 094) 1726, 1727, 2290, 2426,2449 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 095) 1877, 1878, 2291, 2331,2332,2333,2334,2335,2336,2337,2338,2339,2450 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 097) 2158, 2159, 2288, 2307,2430,2451 were read on this motion to/for SEAL

100559/2014 EDELWEISS FUND, LLC, vs. JP MORGAN CHASE Page 1 of4 Motion No. 093 094 095 097 098 099 101

The following e-filed documents, listed by NYSCEF document number (Motion 098) 2163, 2164, 2296, 2308,2321,2322,2323,2324,2325,2326,2327,2328,2329,2330,2428,2452 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 099) 2251, 2252, 2293, 2310,2453 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 101) 2259, 2260, 2261, 2262, 2263, 2264, 2265, 2266, 2267, 2268, 2269, 2270, 2271, 2272, 2273, 2274, 2295, 2299, 2300, 2301,2427,2454 were read on this motion to/for SEAL The court's decision and order dated August 20, 2024 (the Prior Decision: NYSCEF Doc. Nos. 2448, 2449, 2450, 2451, 2452, 2453, and 2454) is hereby deleted and replaced in its entirety by this decision and order.

Upon the foregoing documents and for the reasons set forth on the record (tr. 8.19.24), in large part, certain of the parties seek to redact certain account numbers, routing numbers, and proprietary business information set forth in certain documents and deposition testimony.

As discussed, these types of redactions are in fact appropriate because the information sought to be sealed contains "sensitive proprietary and business information, which the parties have an interest in protecting and there is no countervailing public interest that would be furthered by their disclosure." Matter of Cohen v S.A.C. Capital Advisors, LLC, 11 Misc 3d 1054(A) [Sup Ct 2006].

To the extent however that the parties seek to redact certain other information, including, information about pricing or screen shots of inventory, redaction is not appropriate as the public interest in this information far outweighs any privacy concerns that the defendants have.

100559/2014 EDELWEISS FUND, LLC, vs. JP MORGAN CHASE Page 2 of 4 Motion No. 093 094 095 097 098 099 101

Accordingly,

1. Mtn. Seq. Nos. 94 & 99 are granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts solely to the extent that NYSCEF Doc. Nos. 1704-1707, 1709-1725, 2169, 2171, 2173, 2179, 2185,2187,2188,2191-2196,2202,2206,2207,2243shallbe permanently sealed, pending the uploading of the approved proposed redactions no later than September 3, 2024; 2. Mtn. Seq. Nos. 95 & 101 are granted for good cause shown pursuant to Part of the Uniform Rules for the Trial Courts solely to the extent that NYSCEF Doc. Nos. 1805, 1824, 1825, 1885, 1898, 1935-1940 shall be permanently sealed, pending the upload of the approved proposed redactions no later than September 3, 2024; 3. Mtn. Seq. No. 98 is granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts to the extent that NYSCEF Doc. Nos. 2040, 2041, 2044, 2045, 2052, 2057, 2058 shall be sealed permanently, pending the upload of the approved proposed redactions no later than September 3, 2024; 4. Mtn. Seq. No. 93 is granted for good cause shown pursuant to Part 216 of the Uniform Rules for the Trial Courts to the extent that NYSCEF Doc. No. 1695 shall be sealed permanently, pending the upload of the approved proposed redactions no later than September 3, 2024; 5. Mtn. Seq. No. 97 to seal certain documents (NYSCEF Doc. Nos. 2062, 2063-2077, 2080-2157) is withdrawn.

6. For the avoidance of doubt, the Prior Decision also indicated that documents 1708, 1797-1800, 1804, 1807, 1905, 1921-1926,2166,2168,2170,2172, 2174-2178,2180-2184,2186,2189,2190,2197-2201,2203-2205,2208- 2242, and 2244-2250 should also be permanently sealed. This was a transcription error. These documents should not be sealed.

Accordingly, it is hereby

ORDERED that the Clerk of the Court is directed, upon service on him of a copy of this interim order with notice of entry, to seal NYSCEF Doc. Nos. 1695, 1704-1707, 1709-1725, 1805, 1824, 1825, 1885, 1898, 1935-1940,2040,2041,2044,2045,2052,2057,2058,2169,2171,2173, 100559/2014 EDELWEISS FUND, LLC, vs. JP MORGAN CHASE Page 3 of 4 Motion No. 093 094 095 097 098 099 101

2179, 2185, 2187, 2188, 2191-2196, 2202, 2206, 2207, 2243, and to separate these documents and to keep them separate from the balance of the file in this action; and it is further

ORDRED that the parties shall upload redactions by September 3, 2024; and it is further

ORDERED that thereafter, or until further order of the Court, the Clerk of the Court shall deny access to the said sealed documents to anyone (other than the staff of the Clerk or the court) except for counsel of record for any party to this case and any party; and it is further

ORDERED that service upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the "E-Filing" page on the court's website).

ORDRED that documents sealed (NYSCEF Doc. Nos. 1708, 1797-1800, 1804, 1807, 1905, 1921-1926,2166,2168,2170,2172,2174-2178,2180-2184,2186,2189,2190,2197-2201, 2203-2205, 2208-2242, 2244-2250) in the Prior Decisions shall be unsealed.

8/23/2024 DATE ANDREW BORROK, J.S.C. CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED □ DENIED GRANTED IN PART □ OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE

100559/2014 EDELWEISS FUND, LLC, vs. JP MORGAN CHASE Page4 of 4 Motion No. 093 094 095 097 098 099 101