Opinion

Moore Charitable Found. v. PJT Partners, Inc.

  • 2024 NY Slip Op 34544(U)
Court
New York Supreme Court, New York County
Filed
Dec 19, 2024
Status
Unpublished
Author
Margaret A. Chan
Cited by
0 cases
Authority
More cited than 33.6%

The opinion

Moore Charitable Found. v PJT Partners, Inc.

2024 NY Slip Op 34544(U)

December 19, 2024

Supreme Court, New York County

Docket Number: Index No. 654584/2017

Judge: Margaret A. Chan

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. 654584/2017

NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 12/20/2024

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 49M

--------------------------------X

THE MOORE CHARITABLE FOUNDATION, KENDALL INDEX NO. 654584/2017

JMAC, LLC,

06/20/2024,

Plaintiffs, MOTION DATE 07/01/2024

- V-

MOTION SEQ. NO. 002 003

PJT PARTNERS, INC.,PARK HILL GROUP,

LLC,ANDREW W.W. CASPERSEN DECISION+ ORDER ON

Defendants. MOTION

--------------,------------------------------------X

HON. MARGARET A. CHAN:

The following e-filed documents, listed by NYSCEF document number (Motion 002) 191, 192, 193, 194,

195,196,197,198,200,216,217,218,219

were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 003) 209,210,211,212,

213,214,227,228,230,231

were read on this motion to/for SEAL

This action arises from an alleged fraudulent scheme perpetrated by

defendant Andrew Caspersen against the plaintiffs during his tenure with

defendants PJT Partners, Inc. (PJT) and Park Hill Group LLC (Park Hill, and

together with PJT, the PJT defendants). The parties recently stipulated to

discontinue this action (NYSCEF #s 238, 239). Pursuant to those stipulations, this

case is discontinued with prejudice against the PJT defendants and without

prejudice against Caspersen.

However, two motions remain outstanding: the PJT defendants' two motions

to seal and redact various documents filed in support of two different Rule 14

disputes. In the first motion (MS 002), they ask to seal and redact plaintiffs' June

13, 2024 letter opposing the PJT defendants' request for a protective order to bar

the deposition of PJT CEO Paul Taubmann (June 13 Letter) (NYSCEF # 181),

Exhibits 2 through 5 to that letter (NYSCEF#s 183-186, 195-198), and the brief and

affirmations in support of this motion (NYSCEF #s 192-194). In the second motion

(MS 003), the PJT defendants ask to redact Exhibits 1, 2, and 3 to plaintiffs June

24, 2024 letter opposing certain discovery request (June 24 th Letter) (NYSCEF #s

202-204, 212-214).

654584/2017 MOORE CHARITABLE vs. PJT PARTNERS, INC. Page 1 of 4

Motion No. 002 003

[* 1] 1 of 4

INDEX NO. 654584/2017

NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 12/20/2024

Plaintiffs' June 13 Letter opposes the PJT defendants' request to bar the

deposition of Park Hill CEO Paul Taubman (NYSCEF # 181). The PJT defendants

request redactions to this letter. They did not actually file a document showing their

requested redactions, but given that plaintiffs filed the letter with redactions

already (see id.), presumably the PJT defendants are asking that those redactions

be upheld. The redacted portions contain information from the exhibits filed in

support, including Exhibits 2 through 5, which are at issue in the first motion to

seal.

Exhibit 2 to the June 13th Letter consists of a "copy of the PJT Defendants'

'Supervisory and Compliance Procedures"' dated December 9, 2014 (Compliance

Manual) (see NYSCEF #s 183, 195). The PJT defendants claim the Compliance

Manual "contains propriety business information about the PJT Defendants'

internal compliance framework," much of which is "still largely applicable today"

(NYSCEF # 192, PJT Defs. Br. in Support MS 002, at 3).

Exhibits 3, 4, and 5 to the June 13th Letter (NYSCEF #s 184-186, 196-198)

consist of communications between one of the PJT defendants and the SEC

regarding an SEC examination of the PJT defendants' "compliance process and

practices" in 2016 and 2017 (the SEC Communications) (see NYSCEF # 192, PJT

Defs. Br. in Support MS 002, at 3). The PJT defendants argue that the information

contained within was never publicly disclosed by the SEC, and doing so now "could

disrupt the PJT Defendants' business relationships with present and future clients,

potentially causing the PJT Defendants competitive harm" (id.). The PJT

defendants also claim the documents "contain confidential proprietary information

concerning the PJT Defendants' internal compliance processes, which could damage

the PJT Defendants' competitive standing" (id.). Finally, the PJT defendants argue

that the documents were filed for an improper purpose, namely, to retaliate against

the PJT defendants for filing certain Rule 14 letters in this action Cid. at 6).

As for Exhibits 1, 2, and 3 to the June 24 Letter, these documents consist of

discovery responses (the Discovery Responses) (NYSCEF #s 202-204, 212-214).

Exhibit 1 consists of PJT defendants' responses and objections to plaintiffs third set

of interrogatories (see NYSCEF #s 202, 212). Exhibit 2 consists of the PJT

defendants responses and objections to plaintiffs' second requests for admissions

(NYSCEF #s 203, 213). Exhibit 3 consists of the PJT defendants' responses and

objections to plaintiffs' second request for the production of documents (NYSCEF #s

204, 214). Each exhibit is currently redacted on NYSCEF. The PJT defendants ask

to keep these redactions because the redacted materials "quote from or paraphrase

the PJT Defendants' confidential communications with the SEC that are the subject

of the [first sealing motion, MS 002]" (NYSCEF # 210, PJT Defs' Br. in Support of

MS 003, at 2). The PJT defendants further argue that the relevant Rule 14 letter

did not concern the portions quoting the confidential communications from the SEC

(id.).

654584/2017 MOORE CHARITABLE vs. PJT PARTNERS, INC. Page 2 of4

Motion No. 002 003

[* 2] 2 of 4

INDEX NO. 654584/2017

NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 12/20/2024

Upon review of the documents sought to be sealed and the proposed

redactions, which pertain to proprietary business information and are of minimal

public interest, the court finds that good cause exists for sealing and redacting

plaintiffs SJ Opp. Memo and Exhibits F-J under 216.1 of the Uniform Rules of Trial

Courts (see Dawson v ITTiite & Case, 184 AD2d 246, 247 [1st Dept 1992] [sealing is

warranted in the absence of "any legitimate public concern, as opposed to mere

curiosity, to counter-balance the interest [a business'] partners and clients have in

keeping their financial arrangements private"]; D'Amour v Ohrenstein & Brown,

LLP, 17 Misc 3d 1130[A], *20 [Sup Ct, NY County 2007] ["Sealing a court file may

be appropriate to preserve the confidentiality of materials which involve the

internal finances of a party and are of minimal public interest"]).

Accordingly, it is

ORDERED that the PJT defendants' motion to seal and redact plaintiffs'

June 13, 2024 Rule 14 Letter and Exhibits 2, 3, 4, and 5 to that letter and the PJT

defendants' briefs and affirmations in support of this motion (NYSCEF #s 181, 183-

186, 192-198) is granted (MS 002); and it is further

ORDERED that the Clerk of the Court is directed, upon service upon the

clerk of a copy of this Decision and Order with notice of entry, to seal plaintiffs'

June 13, 2024 Rule 14 Letter and Exhibits 2, 3, 4, and 5 to that letter and the PJT

defendants' briefs and affirmations in support of this motion (NYSCEF #s 181, 183-

186, 192-198); and it is further

ORDERED that the PJT defendants' motion to seal and redact Exhibits 1, 2,

and 3 to plaintiffs June 24, 2024 letter and the PJT defendants' briefs and

affirmations in support of this motion (NYSCEF #s 202-204, 210, 211, 212-214) is

granted (MS 003); and it is further

ORDERED that the Clerk of the Court is directed, upon service upon the

clerk of a copy of this Decision and Order with notice of entry, to seal Exhibits 1, 2,

and 3 to plaintiffs June 24, 2024 letter and the PJT defendants' briefs and

affirmations in support of this motion (NYSCEF #s 202-204, 210, 211, 212-214); and

it is further

ORDERED that until further order of the court, the Clerk of the Court shall

deny access to the above documents (NYSCEF #s 181, 183-186, 192-198, 202-204,

210,211, 212·214), to anyone (other than the staff of the Clerk or the court) except

for counsel of record for any party to this action, any party, and any representative

of the counsel of record for a party upon presentation to the County Clerk of written

authorization from said counsel and appropriate identification; and 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

654584/2017 MOORE CHARITABLE vs. PJT PARTNERS, INC. Page 3 of4

Motion No. 002 003

[* 3] 3 of 4

INDEX NO. 654584/2017

NYSCEF DOC. NO. 241 RECEIVED NYSCEF: 12/20/2024

Clerk Procedures for Electronically Filed Cases (accessible at the "E· Filing" page on

the court's website at the address www.nvcourts.gov/supctmanh).

12/19/2024

DATE MAR~

~ NON-FINAL OlSPOSITION

~

CHECK ONE: CASE DISPOSED

□ DENIED

□

GRANTED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

654584/2017 MOORE CHARITABLE vs. PJT PARTNERS, INC. Page 4 of 4

Motion No. 002 003

4 of 4

[* 4]

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