Greater N.Y. Mut. Ins. Co. v. Skout Monitoring, LLC

Greater N.Y. Mut. Ins. Co. v Skout Monitoring, LLC 2024 NY Slip Op 34250(U) November 29, 2024 Supreme Court, New York County Docket Number: Index No. 650539/2022 Judge: Joel M. Cohen 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.

INDEX NO. 650539/2022 NYSCEF DOC. NO. 343 RECEIVED NYSCEF: 11/29/2024

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M ----------------------------------------------------------------------------------- X GREATER NEW YORK MUTUAL INSURANCE INDEX NO. 650539/2022 COMPANY, 07/17/2024, Plaintiff, MOTION DATE 09/27/2024 - V - MOTION SEQ. NO. 006 008 SKOUT MONITORING, LLC,CONSOLIDATED TECHNOLOGIES, INC., DECISION+ ORDER ON Defendants. MOTION ----------------------------------------------------------------------------------- X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 006) 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173,174,175,176,177,178,179,180,181,182,183,186,213,214 were read on this motion to SEAL/REDACT

The following e-filed documents, listed by NYSCEF document number (Motion 008) 250,251,252, 253, 254,255,256,257,258,259,260,261,262,263,264,265,266,267,268,269,270,271,272,273, 274,275,276,277,278,279,280,281,282,283,284,285,286,287,288,289,290,291,292,293, 294,295,296,297,298,299,300,301,302,303,304,305,306,307,308,309,310,311,312,313, 314,315,316,317,318,319,320,321,322,323,324,325,326,327,328,329,330,331,332,333, 334,335,336,337,338,339,340,341 were read on this motion to SEAL/REDACT Plaintiff Greater New York Mutual Insurance Company ("GNY") seeks orders sealing and/or redacting exhibits that were filed in connection with this proceeding as NYSCEF Document Numbers 75, 76, 77, 78, 79,80,81,82,83,84,85,86,87,88,89,90,91,92,93,94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 120, 121, 155, 156, 158, 160, 162, 164, 166, 168, 169, 171, 173, 175, 177, and 181 (MS 06); and 188, 190, 191, 192, 193, 194, 195, 197, 198, 199,200,201,202,203,204, 205,206,216,218,219,221,222,223,224,225,226,227,228,229,230,231,233,234,235, 237,239,240,241,242,254,256,258,260,262,264,266,268,270,272,274,276,281,286, 650539/2022 GREATER NEW YORK MUTUAL INSURANCE COMPANY vs. SKOUT Page 1 of 6 MONITORING, LLC ET AL Motion No. 006 008

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277,282,279,284,288,289,291,292,294,296,298,300,302,304,306,308,310,312,314, 316, 318, 320, 322, 324, 327, 329, 331, 333, and 335 (MS 08). For the following reasons, the motions are granted in part.

Pursuant to§ 216.1 (a) of the Uniform Rules for Trial Courts, this Court may seal a filing "upon a written finding of good cause, which shall specify the grounds thereof. In determining whether good cause has been shown, the court shall consider the interests of the public as well as of the parties" (22 NYCRR § 216.1 [a]).

The Appellate Division has emphasized that "there is a broad presumption that the public is entitled to access to judicial proceedings and court records" (Mosallem v Berenson, 76 AD3d 345, 348 [1st Dept 2010]). "Since the right [of public access to court proceedings] is of constitutional dimension, any order denying access must be narrowly tailored to serve compelling objectives, such as a need for secrecy that outweighs the public's right to access" (Danco Labs., Ltd v Chemical Works of Gedeon Richter, Ltd., 274 AD2d 1, 6 [1st Dept 2000] [emphasis added]; see also, e.g. Gryphon Dom. VL LLC v APP Intern. Fin. Co., B. V, 28 AD3d 322, 324 [1st Dept 2006]). "Furthermore, because confidentiality is the exception and not the rule, 'the party seeking to seal court records has the burden to demonstrate compelling circumstances to justify restricting public access"' (Maxim, Inc. v Feifer, 145 AD3d 516,517 [1st Dept 2016] [citations omitted]).

The Court has reviewed the proposed sealing of the documents filed as NYSCEF document numbers 75, 76, 78, and 155 (MS 06); and 202,206,219,276,281,288, and 291 (MS 08), as well as the targeted redactions of the documents filed as NYSCEF numbers 77, 81, 82, 84,88,92,94,96,97,98, 100,101,103,105,106,109,112,118,120,121,156,158,160,162, 164, 166, 169, 171, 175, and 177 (MS 06); and 188, 190, 191, 192, 193, 194, 195, 197, 198, 199,

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200,201,203,204,216,218,221,222,223,224,225,226,227,228,229,230,231,233,234, 235,237,239,240,241,242,254,256,258,260,262,264,266,268,270,272,274,277,279, 282,284,289,292,294,296,298,300,302,304,306,308,310,312,314,316,318,320,322, 324, 327, 329, 331, 333, and 335 (MS 08), and finds that they comport with the applicable sealing standard as laid out in Mosallem, 76 AD3d at 348-50, and its progeny, in that the redacted information contains sensitive and confidential business and financial information.

Further, these Exhibits are properly sealed and/or redacted to the extent they contain nonpublic information about confidential contracts or agreements with non-parties (Mancheski v Gabelli Grp. Capital Partners, 39 AD3d 499, 502 [2d Dept 2007] ["[D]isclosure could impinge on the privacy rights of third parties who clearly are not litigants herein[.]"]).

However, the parties' generalized assertions of good cause as to the documents filed as NYSCEF document numbers 79, 80, 83, 85, 86, 87, 89, 90, 91, 93, 95, 99, 102, 104, 107, 108, 110, 111, 113, 114, 115, 116, 117, 168, 173, 1 and 181 2 (MS 06); and 205 and 286 (MS 08), do not establish a compelling justification for the complete (or functionally complete) sealing that is proposed. While specific portions of these documents may include confidential business and

INDEX NO. 650539/2022 NYSCEF DOC. NO. 343 RECEIVED NYSCEF: 11/29/2024 financial information, the proposed sealing is not adequately explained or justified. Thus, the parties should propose and justify targeted redactions that satisfy the requirements of 22 NYCRR § 216 [a] and applicable case law.

Any subsequent motion seeking to address the above concerns should adhere to this Part's Sealing Practices and Procedures (see https ://www.nycourts.gov/LegacyPD FS/courts/comdiv/NY/PDF s/part3-sealing-practices. pdf), including the requirement to submit an affidavit based on personal knowledge attesting to the factual bases for redaction and a spreadsheet setting forth a non-conclusory good faith basis for each proposed redaction.

Accordingly, it is ORDERED that the motions to seal/redact the Exhibits are granted insofar as they seek to seal/redact the documents filed as NYSCEF Document Numbers 75, 76, 77, 78, 81, 82, 84, 88, 92, 94, 96, 97, 98, 100, 101, 103, 105, 106, 109, 112, 118, 120, 121, 155, 156, 158, 160, 162, 164, 166, 169, 171, 175, and 177 (MS 06); and 188, 190, 191, 192, 193, 194, 195, 197, 198, 199, 200,201,202,203,204,206,216,218,219,221,222,223,224,225,226,227,228,229,230, 231,233,234,235,237,239,240,241,242,254,256,258,260,262,264,266,268,270,272, 274,276,277,279,281,282,284,288,289,291,292,294,296,298,300,302,304,306,308, 310, 312, 314, 316, 318, 320, 322, 324, 327, 329, 331, 333, and 335 (MS 08); it is further ORDERED that the motions to seal/redact the Exhibits are denied as to the document filed as NYSCEF Document Number 79, 80, 83, 85, 86, 87, 89, 90, 91, 93, 95, 99, 102, 104, 107, 108, 110, 111, 113, 114, 115, 116, 117, 168, 173, and 181 (MS 06); and 205 and 286 (MS 08), without prejudice to filing a new motion within 21 days to redact confidential portions of this Exhibit consistent with this Decision and Order and applicable case law; it is further

650539/2022 GREATER NEW YORK MUTUAL INSURANCE COMPANY vs. SKOUT Page 4 of 6 MONITORING, LLC ET AL Motion No. 006 008

ORDERED that the documents filed as 77, 81, 82, 84, 88, 92, 94, 96, 97, 98, 100, 101, 103, 105, 106, 109, 112, 118, 120, 121, 156, 158, 160, 162, 164, 166, 169, 171, 175, and 177 (MS 06); and 188, 190, 191, 192, 193, 194, 195, 197, 198, 199,200,201,203,204,216,218, 221,222,223,224,225,226,227,228,229,230,231,233,234,235,237,239,240,241,242, 254,256,258,260,262,264,266,268,270,272,274,277,279,282,284,289,292,294,296, 298,300,302,304,306,308,310,312,314,316,318,320,322,324,327,329,331,333,and (MS 08) shall remain on the in redacted form; it is further ORDERED that the County Clerk shall maintain the documents filed as NYSCEF Document Numbers 75, 76, 77, 78, 81, 82, 84, 88, 92, 94, 96, 97, 98, 100, 101, 103, 105, 106, 109, 112, 118, 120, 121, 155, 156, 158, 160, 162, 164, 166, 169, 171, 175, and 177 (MS 06); and 188,190,191,192,193,194,195,197,198,199,200,201,202,203,204,206,216,218,219, 221,222,223,224,225,226,227,228,229,230,231,233,234,235,237,239,240,241,242, 254,256,258,260,262,264,266,268,270,272,274,276,277,279,281,282,284,288,289, 291,292,294,296,298,300,302,304,306,308,310,312,314,316,318,320,322,324,327, 329, 331, 333, and 335 (MS 08) under seal, so that the documents may be accessible by the parties, their counsel, and authorized court personnel; it is further ORDERED that the documents filed as NYSCEF Document Numbers 79, 80, 83, 85, 86, 87, 89, 90, 91, 93, 95, 99, 102, 104, 107, 108, 110, 111, 113, 114, 115, 116, 117, 168, 173, and (MS 06); and 205 and 286 (MS 08) shall remain provisionally sealed for 21 days from the date of the Court's entry of this Decision and Order on NYSCEF. If any party files a new motion to redact confidential portions of the documents consistent with this Decision and Order within that 21-day period, the documents shall remain provisionally sealed pending resolution of that motion. If no such motion is filed within 21 days from the entry of this Decision and Order,

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This constitutes the Decision and Order of the Court.

11/29/2024 DATE JOEL M. COHEN, 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

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