Opinion

McGowan v. Stanley

Court
District Court, S.D. New York
Filed
Jul 21, 2023
Cited by
0 cases

The opinion

PARR BROWN

GEE © LOVELESS

ATTORNEYS AT LAW

D. CRAIG PARRY

ATTORNEY AT LAW

cparry@parrbrown.com

July 20, 2023

Honorable Denise Cote ?

United States District Court Judge ks TS tenses seq)

Southern District of New York (SS tan Xe?

500 Pearl Street, Room 1910 i . Le

New York, New York 10007

7/ti/e-3

Re: McGowan et al v. Stanley et al (22-C V-069 71)(DLO)

Proposed Findings for Documents to Be Filed Under Seal or Redacted

Honorable Judge Cote,

Pursuant to the Court’s Order of July 19, 2023, Defendants respectfully request that the

Court enter the following findings and on that basis order that Dkt. Nos. 74-7, 74-9, 74-10, 74-

11, 74-12, 74-14, 74-15, 74-16, 74-17, 74-20, 74-22, 74-23, and 74-25 remain as presently

designated, viewable by only the parties in the case and the Court:

Dkt.74-7 is a bank account statement of non-party Chief Consolidated Mining Co.

(“Chief”), a non-public company at the time of the statement. The document includes an account

number as well as dates, amounts, and descriptions of financial transactions. Non-party Osisko

Development Corp. (“Osisko”), which has acquired Chief, has not given consent for these

documents to be publicly disclosed.

Dkt, 74-9, 74-10, 74-11, 74-12, and 74-14 are wire transfer forms and checks from Chief

accounts that include bank account numbers as well as the date and dollar amount of payments to

defendants and to non-parties, including to a law firms for legal fees. None of the identified non-

parties, Osisko, or defendants, has given consent for these documents to be publicly disclosed.

Dkt. 74-15 and 74-22 are identical and are minutes of a meetings of the board of directors

of Chief, including statements about real estate transactions then under discussion, financing

activities, developments in a joint venture to which Chief was a party, plans for seeking water

allocations, and a resolution to issue stock to certain named individuals. None of this information

is publicly known. Osisko has not given consent for these documents to be publicly disclosed.

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4

Parr Brown Gee & Loveless, A Professional Corporation weet

401 South 200 East, Suite 700, Salt Lake City, UT 84111

Honorable Denise Cote

July 20, 2023

Page 2

Dkt, 74-16 and 74-23 are identical and are minutes of a meeting of the board of directors

of Chief, including statements about potential real estate and other transactions, updates on

mining activity, a term sheet for obtaining water supplies, and a resolution to issue stock as

compensation to certain named employees. None of this information is publicly known. Osisko

has not given consent for these documents to be publicly disclosed.

Dkt, 74-17 and 74-25 are identical and are minutes of a meeting of the board of directors

of Chief, including statements about operations of a mining joint venture to which Chief is a

patty, Chief's liabilities, efforts to obtain debt and equity financing, an MOU with a private party

regarding water supply issues, and discussions about acquiring a mining entity. None of this

information is publicly known. Osisko has not given consent for these documents to be publicly

disclosed.

Dkt. 74-20 is a letter between LeadFx and Chief amending a share sale agreement between

the companies, including prices and terms of payments, Neither LeadFx nor Osisko has given

consent for these documents to be publicly disclosed.

On the foregoing bases, the identified documents should remain as presently designated,

viewable by only the parties in the case and the Court.

PARR BROWN GEE & LOVELESS

D. Craig Parry é

Attorney for Defendants

DCPraf

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Parr Brown Gee & Loveless, A Professional Corporation

404 South 200 East. Suite 700, Salt Lake City, UT 84111 eRe?

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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