Opinion

FuboTV Inc. v. The Walt Disney Company

Court
District Court, S.D. New York
Filed
Jan 2, 2025
Cited by
0 cases
Authority
More cited than 33.5%

The opinion

ocr Three Bryant Park

h e rt DOCUMENT 1095 Avenue of the Americas

New York, NY 10036-6797

HL ELECTRONICALLY FILED Me ork AY aes

DOC #: +1 212 698 3599 Fax

DATE FILED: 01/02/2025 www.dechert.com

ANDREW LEVANDER

Andrew.Levander@dechert.com

+1 212 698 3683 Direct

December 26, 2024 +1 212 698 0483 Fax

Honorable Margaret M. Garnett

United States District Court for the Southern District of New York

40 Foley Square, Room 2102

New York, NY 10007

Re: fuboTV Inc. v. The Walt Disney Company, No. 1:24-cv-01363-MMG

Dear Judge Garnett:

I write on behalf of Defendants Fox Corporation (“Fox”) and Warner Bros. Discovery, Inc.

(“WBD”). The Parties have met and conferred regarding the unsealing of the transcript from the

December 13, 2024 hearing. Attached as Exhibit A are the portions of the transcript that

Defendants respectfully request that the Court order sealed. No Party has raised any objections,

and Plaintiffs fuboTV Inc. and fuboTV Media Inc. take no position on these redactions.

In ruling on a motion to seal, the Second Circuit has recognized that the right to public access to

judicial documents is not absolute and that “the court must balance competing considerations

against it.” Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (internal

quotation marks and citations omitted). In particular, the Court must balance the right to public

access to judicial documents against the privacy interest of the party or parties resisting disclosure.

See id. at 119-20. This Court has followed that approach in this case to seal information regarding

“confidential terms of competitively sensitive contracts.” Dkt. No. 295 at 1. Indeed, it has granted

the Parties’ sealing motions for the legal memoranda that were filed with the Court prior to the

December 13 hearing. See Dec. 13 Hearing Tr. at 3-5.

Like those memoranda, the December 13 transcript quotes and refers to confidential terms from

competitively sensitive contracts. To maintain the confidentiality of those terms, defendants Fox

and WBD seek to redact limited portions of the public transcript. Disclosure of such terms would

provide competitors unfair insight into the Parties’ contracting practices and allow those

competitors to use that knowledge to adjust their negotiating strategy, thereby harming the Parties’

competitive standing. These proposed redactions are “narrowly tailored to protect the business

interests of the parties while providing sufficient public access” to the transcript. [d. at 5.

For these reasons, Defendants respectfully request that the Court maintain the portions of the

transcript designated in Exhibit A under seal.

ch eC rt December 26, 2024

Page 2

Respectfully submitted,

/s/ Andrew J. Levander

Andrew J. Levander

cc: All counsel of record (VIA ECF)

GRANTED. The portions of the transcript counsel for Fox and Warner Bros. Discovery

request to be kept under seal and in redacted form contain highly commercially sensitive and

confidential business information including, for example, confidential terms of competitively

sensitive contracts. The Court finds that sealing these portions is sufficiently narrowly

tailored to both protect the business interests of the parties as well as provide appropriate

public access to judicial documents. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d

110, 119-20 (2d Cir. 2006). The proposed redactions indicated in Exhibit A, and as

confirmed by counsel for Fox and Warner Brothers Discovery via email with Chambers, are

therefore hereby SO ORDERED. The Court will convey the redactions, as confirmed by

counsel, to the S.D.N.Y. Court Reporters to apply the sealing as directed herein.

SO ORDERED. Dated January 2, 2025.

2 7

HON. aos RETM. GARNETT

UNITED STATES DISTRICT JUDGE

Exhibit A

suboTV, Inc., et al. v. The Walt Disney Company, et al.

Case No.: 24-cv-01363-MMG

Defendants’ Proposed Confidentiality Redactions

December 13, 2024 Hearing Transcript

Defendants’ Proposed Redactions

Defendants’ Proposed Redactions

Defendants’ Proposed Redactions

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.