MV Realty PBC, LLC v. Innovatus Capital Partners, LLC

Document and request

The provided text is a September 30, 2022 letter from Michael H. McGinley of Dechert LLP, identified as counsel for Innovatus Capital Partners, LLC. The letter asks Judge Louis L. Stanton for permission to file under seal portions of Innovatus’s opposition to the MV Realty Parties’ Motion in Limine No. 2.

Basis for the request

The proposed redactions would protect references to and quotations from information designated “HIGHLY CONFIDENTIAL” by the MV Realty Parties under a protective order. The letter quotes the protective order’s definition of that designation as information that the designating party believes in good faith could create a substantial risk of serious financial, competitive, or other injury if disclosed, where less restrictive means would not avoid the injury.

The letter cites the general standard that judicial documents may be sealed when sealing is essential to preserve higher values and narrowly tailored to serve that interest. It states that marketing strategy, financial analysis, and business-development strategy are commonly treated as proprietary information worthy of protection from public disclosure. The letter also refers to procedures in the protective order, Federal Rule of Civil Procedure 5.2, the court’s standing order on electronic filing under seal, and the judge’s individual practice rules.

Parties referenced

The letter says that Innovatus is the plaintiff in a related action and the defendant and cross-claimant in the MV Realty action. It defines the “MV Realty Parties” to include Jonathan Neuman, Antony Miller, Ritz Advisors, LLC, Greg Williams, Daryl Clark, Amanda Zachman, and MV Realty PBC, LLC, in the roles described in the letter.

Disposition

The provided text contains no judicial decision granting, denying, or otherwise resolving the sealing request. It is a request for permission to file under seal, pending further briefing from the MV Realty Parties.