NCR Voyix Corporation v. Embarcadero Technologies Europe Limited
- John Koeltl
- 1:24-cv-04458
- U.S. District Court · Southern District of New York
- 2
In NCR Voyix v. Embarcadero, Judge Koeltl granted Embarcadero’s request to seal a deadline-extension motion and publicly file a redacted version.
Embarcadero Technologies Europe Limited, NCR Voyix Corporation, the nonparties whose identities and conduct were referenced, and members of the public seeking access to the motion.
What happened
NCR Voyix Corporation v. Embarcadero Technologies Europe Limited concerns Embarcadero’s request to seal its motion seeking extensions of the fact-discovery and dispositive-motion deadlines. The motion referred to nonparties that are NCR customers.
Embarcadero said the motion discussed its belief, based on documents and deposition testimony, that those nonparties had violated agreements between Embarcadero and NCR. It asked to remove references to the nonparties’ identities and conduct while keeping the redactions limited. Embarcadero said it had discussed the request with NCR.
Judge John G. Koeltl granted the application. He allowed Embarcadero to seal the motion and publicly file a version with the requested references redacted.
The detailed version
- NCR Voyix Corporation v. Embarcadero Technologies Europe Limited · No. 1:24-cv-04458
- John Koeltl
- Feb. 10, 2025
Background
Embarcadero Technologies Europe Limited, the defendant and counterclaim plaintiff, sought permission to seal its motion requesting extensions of the fact-discovery and dispositive-motion deadlines. The motion referred to nonparties involved in the litigation as customers of NCR Voyix Corporation, the plaintiff and counterclaim defendant.
Parties’ Positions
Embarcadero said the motion discussed its belief—based on documentary evidence and deposition testimony—that the nonparties had taken actions violating the operative agreements between Embarcadero and NCR. Embarcadero asked to redact references to the nonparties’ identities and conduct to avoid publicly identifying or implicating third parties. It represented that the proposed redactions were narrowly tailored and that it had met and conferred with NCR about the request.
Ruling
The court’s order states “APPLICATION GRANTED” and “SO ORDERED.” Judge John G. Koeltl granted Embarcadero’s application to seal the motion and permitted Embarcadero to publicly file a redacted version removing references to the nonparties’ identities and conduct. The provided text does not include a further explanation of the court’s reasoning.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.