Vinci Brands LLC v. Coach Services, Inc.

BCLP Bryan Cave Leighton Paisner October 7, 2024 BRYAN CAVE LEIGHTON PAISNER L 1700 Lincoln Street Suite 4100 Denver CO 80203 4541 Timothy R. Beyer T: +1303 861 7000 Partner F: +1303 866 0200 Direct: +1 303 866 0481 oe eran ee tim.beyer@bclplaw.com Hon. Valerie Figueredo Daniel Patrick Moynihan United States Courthouse, S.D.N.Y. 500 Pearl Street, New York, NY 10007 Via ECF Re: Kate Spade LIC et al. v. Vinci Brands LLC et al. (1:23-cv-05409-LGS-VF) & Vinci Brands LLC y. Kate Spade LIC et al. (1:23-cv-05138-LGS-VF) — Letter Motion to Seal Dear Judge Figueredo: Pursuant to Your Honor’s Individual Rule I(g)(2), Kate Spade LLC, Coach Services, Inc., and Tapestry, Inc. (together, “KSNY”) respectfully request Your Honor’s approval to seal narrow portions of the exhibits annexed to KSNY’s opposition to Vinci’s and ACS’s letter motions to redepose Jacquelynne de Lagarde, Charlotte Warshaw, and KSNY, and Vinci’s letter motion to depose Liz Fraser. Vinci Action, ECF No. 532; Vinci Action, ECF No. 539. “It is beyond question that a court may issue orders prohibiting disclosure of documents or information.” F.D.LC. v. Ernst & Ernst, 677 F.2d 230 , 232 (2d Cir. 1982). “Documents may be sealed if specific, on the record findings are made demonstrating that closure is essential to preserve higher values and is narrowly tailored to serve that interest.” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (citing Jn re New York Times Co., 828 F.2d 110 , 116 (2d Cir. 1948)); see also See ECF No. 161 at pp. 4-5 in Vinci Action, Case No. 23-cv-05138 and ECF No. 108 at pp. 4-5 in KSNY Action, Case No. 23-cv-05409 (“Sealing Order’”)). As this Court previously held, examples of “higher values” that overcome the presumption of public access to court-filed documents include “the confidentiality of sensitive commercial information.” See Sealing Order, p. 2 (citing Syntel Sterling Best Shores Mauritius Ltd. v. TriZetto Grp., No. 15 Civ. 211, 2021 WL 1541385 , at *3 (S.D.N.Y. Apr. 20, 2021)).! The Court has permitted the sealed filing of the License Agreement (including its amendments), as well as “financial information such as licensing fees and the Siena loan amount, production timelines and information about manufacturers, suppliers or distributors.” See Sealing Order, pp. 4-5. 1 See also Mersen USA EP Corp. v. TDK Elecs. Inc., 594 F. Supp. 3d 570 , 585-88 (S.D.N.Y. 2022) (sealing permitted where document contained purported confidential trade information that is subject of the litigation); Pro. Sound Servs., Inc. v. Guzzi, No. 02 CIV. 8428(DC), 2003 WL 22097500 , at *1 (S.D.N.Y. Sept. 10, 2003), aff'd, 159 F. App'x 270 (2d Cir. 2005) (complaint filed under seal to keep customer names confidential). The Honorable Valerie F. Figueredo October 7, 2024 Page 2 e Exhibit 1 seeks to seal “sensitive commercial information”, including references to executives’ strategy and decision-making with respect to licensees, partnerships, and collaborations with other entities. e Exhibit 2 seeks to seal a draft of the 6 Amendment to the License Agreement and “licensing fees”—specifically, the total amount of GMR for Contract Year 9. e Exhibit 3 seeks to seal “information about manufacturers, suppliers or distributors.” Redacted versions of Exhibits 1, 2, and 3 have been filed with KSNY’s opposition. Highlighted, under seal copies are annexed to this letter. We thank the Court for its attention to this matter. Respectfully Submitted, Timothy R. Beyer \ \ | \ \V ny y . \) AK A HON. VALERIE FIGUEREDO UNITED STATES MAGISTRATE JUDGE Dated: 10/8/24 The motion to seal is hereby GRANTED. The Clerk of Court is directed to permanently seal Exhibits 1-3 at ECF No. 557 it 23cv5138 and ECF No. 387 in 23cv5409. The Clerk of Court is respectfully directed to terminate the motions at ECF No. 555 in 23cv5138 and ECF No. 386 in 23cv5409.