The opinion
DOCUMENT
ELECTRONICALLY FILED
March 31, 2022 |] DOC #:
DATE FILED:__ 3/31/2022
Via ECF ———
The Honorable Stewart D. Aaron
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007-1312
Re: In re ACTOS Antitrust Litig. (1:13-cv-09244-RA-SDA)
Dear Magistrate Judge Aaron:
We write on behalf of all parties to the above-captioned litigation. Pursuant to Your
Honor’s Individual Practice II.B.3, within three days of documents being filed under seal, a letter
must be filed seeking permission to maintain that sealed filing.
On March 28, 2022, Plaintiffs filed a reply brief in support of their motion to compel. (ECF
365.) That brief attached several documents which were filed under seal, because Defendants had
designated them “Confidential” pursuant to the Protective Order entered in this case. (ECF 190.)
Defendants request that these documents remain under seal because they contain
confidential commercial information. Plaintiffs do not oppose Defendants’ request that the
documents be kept under seal.
We appreciate Your Honor’s attention to this matter.
Sincerely,
/s/ Steve D. Shadowen /s/ R. Brendan Fee
Steve D. Shadowen R. Brendan Fee
Counsel for the Proposed End-Payor Class Counsel for Defendants
/s/ Thomas M. Sobol
Thomas M. Sobol
Counsel for the Proposed Direct Purchaser Class
Application GRANTED. Pursuant to Lugosch v. Pyramid Co. of
cc: Counsel of record (viaECF) = gngndaga, 435 F.3d 110, 119-20 (2d Cir. 2006), the Court finds t!
Defendants’ interest in protecting their confidential commercial
information outweighs the presumption of public access. Accord
News Corp. v. CB Neptune Holdings, LLC, No. 21-CV-04610 (VSB),
2021 WL 3409663, at *2 (S.D.N.Y. Aug. 4, 2021) ("Courts in this
District also routinely seal documents to prevent the disclosure o
confidential business information.") (collecting cases).
SO ORDERED.