Roche Freedman LLP v. Jason Cyrulnik

Background

Roche Freedman LLP, Devin Freedman, Edward Normand, and Amos Friedland—the “RF Parties”—requested permission to file Exhibits 1–5, 7, and 8 under seal. The exhibits were submitted with the RF Parties’ response to Jason Cyrulnik’s objection to an order issued by Judge Netburn on December 9, 2022. The letter states that the materials were filed in connection with a discovery dispute.

Arguments for sealing

The RF Parties argued that Exhibits 1–5 contained testimony about private financial transactions involving identified counterclaim-defendants. They argued that Exhibit 8 contained the specific amounts of tokens received by the firm, the date of the transfer, and payment terms in an agreement between the firm and a client. They also argued that Exhibit 7 contained confidential information about pending litigation, including the merits and status of certain cases, recoveries, and litigation funding.

The RF Parties further argued that the exhibits played only a limited role in the court’s work on the discovery dispute and that sealing them would not substantially hinder the public’s understanding of the parties’ arguments or any judicial resolution. These were the requesting parties’ positions as described in the letter.

Ruling

The application to seal Exhibits 1–5, 7, and 8 was granted. Judge John G. Koeltl’s order, as provided, concerns sealing and public access to the exhibits; it does not decide the underlying merits of the dispute.