The opinion
GSCP VI Edgemarc Holdings, L.L.C. v ETC
Northeast Pipeline, LLC
2024 NY Slip Op 33994(U)
November 9, 2024
Supreme Court, New York County
Docket Number: Index No. 652906/2019
Judge: Joel M. Cohen
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
INDEX NO. 652906/2019
NYSCEF DOC. NO. 884 RECEIVED NYSCEF: 11/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M
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GSCP VI EDGEMARC HOLDINGS, L.L.C., GSCP VI INDEX NO. 652906/2019
PARALLEL EDGEMARC HOLDINGS, L.L.C., WSEP AND
BRIDGE 2012 EDGEMARC HOLDINGS, L.L.C., EM 08/16/2024,
HOLDCO LLC, MOTION DATE 10/01/2024
Plaintiffs,
MOTION SEQ. NO. 023 026
- V -
DECISION+ ORDER ON
ETC NORTHEAST PIPELINE, LLC,
MOTION
Defendant.
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HON. JOEL M. COHEN:
The following e-filed documents, listed by NYSCEF document number (Motion 023) 840,841,842,843,
858,859
were read on this motion to SEAL
The following e-filed documents, listed by NYSCEF document number (Motion 026) 869, 870, 871, 872,
873,874,876,877
were read on this motion to SEAL
Defendant ETC Northeast Pipeline, LLC ("Defendant") moves for an order sealing
and/or redacting NYSCEF Nos. 789, 791, 793, 795, 797, 799, 801, 803, 805, 807, 809, 811, 813,
814,815,817,819,821,823,825,827,829,831,833,835 and 838 (Mot. Seq. 023) and
NYSCEF 861 and 872 (Mot. Seq. 026) filed in connection with Defendant's motions in limine.
Plaintiffs, investment funds affiliated with Goldman Sachs & Co. LLC or the Ontario Teachers'
Pension Plan Board ("Plaintiffs") filed a response to Mot. Seq. 023, stating that "plaintiffs do not
object to these sealing requests at this time" but that they reserve the right to object to any
sealing of documents at trial (NYSCEF 858). For the following reasons, Defendant's motions
are granted in part.
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INDEX NO. 652906/2019
NYSCEF DOC. NO. 884 RECEIVED NYSCEF: 11/09/2024
Pursuant to§ 216. l(a) of the Uniform Rules for Trial Courts, this Court may seal a filing
"upon a written finding of good cause, which shall specify the grounds thereof. In determining
whether good cause has been shown, the court shall consider the interests of the public as well as
of the parties" (22 NYCRR § 216.l[a]).
The Appellate Division has emphasized that "there is a broad presumption that the public
is entitled to access to judicial proceedings and court records" (Mosallem v Berenson, 76 AD3d
345, 348 [1st Dept 2010]). "Since the right [of public access to court proceedings] is of
constitutional dimension, any order denying access must be narrowly tailored to serve
compelling objectives, such as a need for secrecy that outweighs the public's right to access"
(Danco Labs., Ltd v Chemical Works of Gedeon Richter, Ltd, 274 AD2d 1, 6 [1st Dept 2000]
[emphasis added]; see also, e.g. Gryphon Dom. VI, LLC v APP Intern. Fin. Co., B. V, 28 AD3d
322, 324 [1st Dept 2006]). "Furthermore, because confidentiality is the exception and not the
rule, 'the party seeking to seal court records has the burden to demonstrate compelling
circumstances to justify restricting public access"' (Maxim, Inc. v Feifer, 145 AD3d 516, 517
[1st Dept 2016] [citations omitted]).
The Court has reviewed Exhibit A-5, A-6, A-7, A-8, A-23, A-24 (NYSCEF 789, 791,
793, 795, 815, 838), and finds that sealing of these reports comports with the applicable sealing
standards as laid out in Mosallem, 76 AD3d at 348-50, and its progeny, in that they contain
confidential information concerning a high-pressure natural gas pipeline, including location,
slope stabilization evaluation, plans, and engineering specifications. Likewise, the Court has
reviewed the memorandum of law (NYSCEF 878 [redacted version filed at NYSCEF 835] 1) and
1
NYSCEF 835 is redacted and thus should not be filed under seal. The Clerk will be directed to
unseal it.
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NYSCEF DOC. NO. 884 RECEIVED NYSCEF: 11/09/2024
the reply brief (NYSCEF 861 and 872 [redacted version filed at NYSCEF 873]), and finds that
the proposed redactions comport with the applicable sealing standards in that they contain
sensitive and confidential information concerning Mr. Krancer's legal representation of ETC's
sister companies Sunoco Pipeline, LP, and Sunoco Logistics, LP.
However, as to the deposition transcripts (Ex. A-9, A-10, A-15, A-19, A-25, A-2, A-9, A-
10, A-11, A-12 [NYSCEF 797, 799, 805, 809, 817, 823, 827, 829, 831, 833]), Defendant fails to
explain why targeted redactions (rather than complete sealing) would not adequately protect its
interests. The fact that parties have stipulated to sealing documents, or that they have designated
the documents during discovery as "Confidential" or "Highly Confidential," does not, by itself,
require granting of the motion (see, e.g.,Maxim, 145 AD3d at 518; Gryphon, 28 AD3d at 324).
In view of the admonition that sealing of court records must be "narrowly tailored to serve
compelling objectives," (Danco, 274 AD2d at 6), Defendant is directed to work with Plaintiff to
narrowly redact any sensitive or confidential information and refile these documents.
As to plaintiffs' expert report of Michael Krancer (Ex. A-20, A-1 [NYSCEF 811, 821]),
this should be refiled to mirror the redactions contained in NYSCEF 663, which were previously
accepted. Similarly, as to the expert report ofNajib Abboud (Ex. A-11, A-17, A-21, A-26
[NYSCEF 801, 807, 813, 819]), and Richard Easler (Ex. A-12 [NYSCEF 803]), the parties are
directed to work together and refile these reports with appropriate and targeted redactions.
Sealing of the Curriculum vitae of Michael Krancer (Ex. A-3 [NYSCEF 825]) is denied.
Accordingly, it is:
ORDERED that Motion Sequence Number 023 is GRANTED IN PART; it is further
ORDERED that Motion Sequence Number 026 is GRANTED; it is further
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INDEX NO. 652906/2019
NYSCEF DOC. NO. 884 RECEIVED NYSCEF: 11/09/2024
ORDERED that the Clerk of the Court is directed to maintain NYSCEF Document
Numbers 789,791,793,795,797,799,801,803,805,807,809,811,813,814,815,817,819,
821, 823, 825, 827, 829, 831, 833, 835 and 838, 861, 872, 878 under seal, so that the document
may only be accessible by the parties, their counsel, and authorized court personnel; it is further
ORDERED that Defendant shall filed redacted versions ofNYSCEF Document
Numbers NYSCEF 797, 799, 801, 803, 805, 807, 809, 811, 813, 817, 819, 821, 823, 827, 829,
831, and 833 within twenty (20) days of the date of this Order, consistent with the
aforementioned instructions; it is further
ORDERED that the Clerk of the Court shall unseal NYSCEF 825 and 835; it is further
ORDERED that nothing in this Order shall be construed as authorizing the sealing or
redactions of any documents or evidence to be offered at trial; it is further
ORDERED that service upon the Clerk of the Court shall be made in accordance with
the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for
Electronically Filed Cases (accessible at the "E-Filing" page on the court's website).
11/9/2024
DATE JOEL M. COHEN, J.S.C.
~
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
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