Ghanem v. Intrepid Acquisition Holdings, LLC

Nature of the Document

The provided text is a November 21, 2023 letter from counsel for Adel Y. Al Ghanem to Judge Vernon S. Broderick. It asks the court for permission to file some materials under seal and to redact limited portions of other filings. The text does not include a judicial opinion, order, or stated disposition of the request.

Requested Sealing and Redactions

The letter seeks to seal or redact seven categories of materials: an IAP liquidation and program-sale proceeds analysis; five letters exchanged by individuals identified in the letter; and a forbearance agreement between IAP and Black Diamond. It also seeks redactions to limited portions of Plaintiff’s legal memorandum that refer to those materials or contain sensitive or proprietary information.

Reasons Given in the Request

The letter states that IAP is a Florida-based contractor providing logistical and technical support services, predominantly to the United States military or military contractors, and that its senior executives require security clearances. Plaintiff’s counsel argues that public access to unredacted materials could raise national-security concerns or disclose IAP’s confidential or proprietary information. The letter also says that some information might be subject to a nondisclosure agreement between Plaintiff and IAP, while expressly stating that Plaintiff does not concede that the information is covered by such an agreement.

The letter describes the underlying action as seeking to avoid certain allegedly fraudulent transfers and insider preferences involving IAP’s assets and to enjoin a planned public sale of those assets. It states that the sale was scheduled for November 28, 2023, at 10:00 a.m.

Legal Standard Cited in the Letter

The letter cites the Second Circuit’s three-step framework for sealing judicial documents. Under that framework, a court considers whether the materials are judicial documents, the strength of the public-access presumption, and whether countervailing interests or higher values outweigh public access. The letter asserts that the materials are judicial documents because they are pleadings or evidence supporting pleadings. It further argues that the public interest in the specific information is limited, the proposed redactions are narrowly tailored, and national-security and confidentiality concerns outweigh public access.

Disposition

The provided text does not state whether Judge Vernon S. Broderick granted, denied, or otherwise resolved the request to seal and redact materials.