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S.D.N.Y.Procedural orderFiled Feb. 10, 2023

Bellridge Capital, LP v. EVMO, Inc

Judge
Paul Gardephe
Docket
1:21-cv-07091
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Bellridge Capital v. EVmo, Magistrate Judge Cave granted counsel’s request to file withdrawal-motion papers ex parte and under seal, limiting access.

Who this affects

Withers Bergman LLP, EVmo, Inc., Bellridge Capital, LP, and access to the identified court filings were affected. The filings were kept visible only to selected parties, while the opinion text does not state the outcome of the separate motion to withdraw as counsel.

What happened

Bellridge Capital, LP v. EVmo, Inc. concerns EVmo’s lawyers’ request to file papers supporting their motion to withdraw from representing EVmo without giving all parties access and under seal. The papers included a declaration, exhibits, and a supporting legal memorandum.

The lawyers said the papers needed protection because they contained attorney-client communications and EVmo’s private financial information. They also stated that Bellridge’s lawyer did not object and that EVmo would receive unredacted copies.

Magistrate Judge Sarah L. Cave granted the request. The order stated that the specified documents would remain visible only to selected parties and directed the clerk to close the related filing.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Bellridge Capital, LP v. EVMO, Inc · No. 1:21-cv-07091
Judge
Paul Gardephe
Date
Feb. 10, 2023

Background

Withers Bergman LLP represented Defendant EVmo, Inc. in the action. The firm asked for permission to file ex parte—that is, without access by all parties—and under seal a declaration by James E. Nealon, exhibits, and a supporting memorandum. Those materials supported the firm’s separate motion for permission to withdraw as EVmo’s counsel under Local Civil Rule 1.4.

The firm argued that the materials needed to be reviewed privately and kept under seal to protect attorney-client communications, EVmo’s private financial information, and other confidential client information. It proposed that partially redacted versions be made available publicly. The firm stated that it had consulted Bellridge’s counsel, who did not object, and that EVmo would receive fully unredacted copies.

Ruling

The court granted Withers Bergman LLP’s request to file the declaration, exhibits, and supporting memorandum ex parte and under seal. The order stated that ECF Nos. 90 and 90-1 through 90-2 would remain visible only to selected parties. It also directed the clerk to close the specified related filing. This order addressed filing access and confidentiality; the opinion text does not state whether the firm’s separate motion to withdraw was granted or denied.

Effect

The ruling restricts public and party access to the identified withdrawal-motion materials. It does not, in the text provided, decide the underlying dispute between Bellridge Capital, LP and EVmo, Inc. or resolve the firm’s request to withdraw.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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