JPMorgan Chase Bank, N.A. v. Avara US Holdings LLC

Nature of the Document

The provided text is a November 20, 2023 letter from Eric Brenner of Boies Schiller Flexner LLP to Judge John G. Koeltl. The letter states that counsel represented Defendant Avara US Holdings, LLC and asks the court to permanently seal Exhibit 11 to the Declaration of Matthew H. Massie and the unredacted version of that declaration, which JPMorgan Chase Bank, N.A. had filed under temporary seal.

The Requested Sealing

Exhibit 11 was described as an email attaching excerpts from an Excel sheet containing March 2022 balance sheets for the entire Avara Group. The letter states that the Massie Declaration cited and quoted information from Exhibit 11, while the public version of the declaration contained narrowly tailored redactions. According to the letter, the materials were offered to show certain amounts allegedly transferred to Avara Liscate Pharmaceutical Services S.p.A., Avara Norman’s cash on hand as of March 2022, and the entire Avara Group’s cash on hand as of March 2022.

Avara US argued that the common-law presumption favoring public access to judicial documents was weak because Exhibit 11 was only minimally relevant to JPMorgan’s opposition to Avara US’s motion to dismiss. The letter stated that JPMorgan’s opposition brief did not cite Exhibit 11 or discuss its contents. Avara US further argued that sealing was justified because the exhibit contained sensitive financial information about the assets and liabilities of the Avara Group, which the letter described as a group of non-public companies operating in the pharmaceutical industry. It asserted that public disclosure could harm the group’s competitive position and its ability to negotiate with customers and vendors.

Disposition

The text provided does not contain a court order or state that Judge Koeltl granted, denied, or otherwise decided the sealing request. It states only that JPMorgan did not oppose Avara US’s request.