NCR Voyix Corporation v. Embarcadero Technologies Europe Limited

Background

The opinion text is a June 11, 2025 letter from counsel for Embarcadero Technologies Europe Limited, the defendant and counterclaim plaintiff, to the U.S. District Court for the Southern District of New York. The letter requested permission to seal or redact materials submitted in connection with NCR Voyix Corporation’s motion for summary judgment.

Embarcadero sought to file under seal emails that NCR produced in discovery and marked confidential under an agreed protective order. It also requested limited redactions to a declaration by Stephen Ball and to Embarcadero’s opposition memorandum and responses to NCR’s statement of uncontested material facts.

Requested Sealing and Redactions

The requested redactions concerned quotations from the parties’ March 31, 2023 Settlement and Release Agreement, references to the confidential settlement amount, quotations from the Ball declaration, and commercially sensitive information about Embarcadero’s technology. The letter stated that the settlement agreement contained a confidentiality provision and commercially sensitive settlement and license-pricing terms. It also stated that the court had previously permitted the settlement agreement to be filed under seal.

Under the agreed protective order, Embarcadero sought to file the confidential discovery documents under seal initially so NCR would have an opportunity to move to seal them. The letter stated that counsel had conferred and that opposing counsel consented to the application.

Ruling

The court marked the application “GRANTED” and “SO ORDERED.” Judge John G. Koeltl therefore granted Embarcadero’s request to seal or redact the specified materials. The ruling addressed confidentiality and filing treatment; the text does not state how the court would resolve NCR’s underlying motion for summary judgment.