Carbon Investment Partners, LLC v. Bressler

Background

The opinion is an endorsement of a September 21, 2020 letter from plaintiffs Carbon Investment Partners, LLC and Carbon Master Fund, L.P. concerning sealing exhibits filed in the case. The plaintiffs said they were withdrawing their own motion to seal. They opposed Defendant Shira Bressler’s application to permanently seal Exhibit 22 of the First Amended Complaint.

The plaintiffs argued that Exhibit 22 was relevant to their fraud and aiding-and-abetting-fraud claims because, in their view, it supported their allegations about Bressler’s knowledge of her husband’s financial affairs and alleged conduct involving Carbon’s funds. They also argued that the exhibit’s discussion of converting and renaming a family trust did not justify sealing because it contained no financial details.

The plaintiffs further stated that Bressler had suggested redacting other exhibits containing communications between Bressler and her husband. The plaintiffs described those exhibits as including work communications and drafts of Carbon documents. Although the plaintiffs said they believed redaction was unjustified, they did not object to Exhibits 4, 6, 8, 9, 10, 14, and 19 remaining conditionally sealed while Bressler had an opportunity to seek permanent sealing.

Court’s Action

Judge Edgardo Ramos directed the Clerk of Court to unseal Exhibits 4, 6, 8, 9, 10, 14, 19, 20, and 22 of the plaintiffs’ First Amended Complaint. The court also directed the Clerk to unseal Exhibit 1 of the declaration of Seth L. Levine supporting Bressler’s motion to dismiss. The court directed the Clerk to terminate the sealing motion, identified as Document 26. The endorsement does not separately state the court’s reasoning beyond these directions.