COX et al v. SHERMAN CAPITAL LLC et al

MOTION to Seal Document 189 Reply in Support of Motion to Compel Regarding Written Discovery

S.D. Ind.February 26, 2014

US_ACTIVE-116652011.1-MLDEMARI 02/26/2014 5:47 PM IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANDREW COX, LUCINDA COX, ) and STEPHANIE SNYDER, ) Individually and on behalf of ) others similarly situated, ) ) Plaintiffs, ) ) v. ) Civil Action No. 1:12-cv-1654-TWP-MJD ) CLASS ACTION ) SHERMAN CAPITAL LLC; ) MEETING STREET PARTNERS ) II INC.; SHERMAN FINANCIAL ) GROUP LLC; SHERMAN ) CAPITAL MARKETS LLC; LVNV ) FUNDING LLC; RESURGENT ) CAPITAL SERVICES LP; ) SHERMAN ORIGINATOR LLC; ) SHERMAN ORIGINATOR III, ) LLC; SHERMAN ACQUISITION, ) LLC; BENJAMIN W. NAVARRO; ) LESLIE G. GUTIERREZ; SCOTT ) E. SILVER; KEVIN P. BRANIGAN; ) ROBERT A. RODERICK; ) KENNETT KENDALL; and ) JOHN DOES 1-50, ) ) Defendants. ) DEFENDANTS’ MOTION TO SEAL PLAINTIFFS’ REPLY IN SUPPORT OF PLAINTIFFS’ MOTION TO COMPEL REGARDING WRITTEN DISCOVERY Come now, Defendants, by counsel and pursuant to Fed. R. Civ. P. 26(c) move the Court to seal and maintain under seal Plaintiffs’ Reply in Support of Plaintiffs’ Motion to Compel Regarding Written Discovery [Dkt. 189], and in support thereof shows as follows: 1. Plaintiffs filed their Reply in Support of Plaintiffs’ Motion to Compel Regarding Written Discovery on or about January 24, 2014 [Dkt. 189] along with their supporting Memorandum, Exhibits (“Reply Brief”), and a Motion to File Material Under Seal as to Exhibits W, X, and Y. [Dkt. 190] Case 1:12-cv-01654-TWP-MJD Document 212 Filed 02/26/14 Page 1 of 4 PageID #: 2790 - 2 - 2. This Court granted Plaintiffs’ Motion for Leave to File Material Under Seal by its Order dated February 17, 2014 [Dkt. 206], in which the Court Ordered Defendants to file an appropriate motion to seal specific portions of Exhibits W, X, and Y within seven (7) days, and contemporaneously file a motion to unseal any portion of Plaintiffs’ submission that Defendants believe should not be maintained under seal. 3. Pursuant to the Court’s Order, Defendants contemporaneously filed a Motion to Maintain Under Seal Exhibits W, X, and Y to Plaintiffs’ Reply in Support of Plaintiffs’ Motion to Compel Regarding Written Discovery. 4. As indicated in that motion, Exhibit W contains four pages of deposition testimony relating to the organizational structure of the defendants, as well as Mr. Navarro’s ownership interests. 5. Plaintiffs, however, also extensively quote excerpts of Benjamin Navarro’s testimony in the body of their Reply Brief. [Dkt. 189 at 2-3.] This deposition testimony also relates to the organizational structure of the defendants, as well as Mr. Navarro’s ownership interests. 6. As indicated in Defendants’ Motion to Maintain Filing Under Seal [Dkt. 180], which the Court granted [Dkt. 205], deposition testimony relating to ownership issues of Defendant entities and affiliated entities is highly confidential information because the Defendant entities are privately owned companies, and details concerning the ownership of such entities is not publicly available information and has been protected by the Defendants. Moreover, such testimony sets forth the ownership structure of the Defendant entities, which itself is highly proprietary and is not necessary to inform the public as to the issues in this action. Case 1:12-cv-01654-TWP-MJD Document 212 Filed 02/26/14 Page 2 of 4 PageID #: 2791 - 3 - 7. Because Plaintiffs quote deposition testimony discussing this confidential material in the body of their Reply Brief, Defendants request that Plaintiffs’ Reply Brief be sealed and maintained under seal. 8. In connection with this motion, Defendants are attaching hereto as Exhibit A, a redacted version of Plaintiffs’ Reply Brief that redacts the quoted testimony discussing confidential ownership information. WHEREFORE, the Defendants pray that the Court allow Plaintiffs’ Reply in Support of Plaintiffs’ Motion to Compel Regarding Written Discovery [Dkt. 189] be sealed and maintained under seal. Dated: February 26, 2014 Respectfully submitted, s/ Michael L. DeMarino James A. Rolfes, pro hac vice Michael L. DeMarino, pro hac vice David A. Maas, pro hac vice REEDSMITH LLP 10 South Wacker Drive, 40th Floor Chicago, IL 60606-7507 (312) 207-2000 (312) 207-6400 (Facsimile) gcaplan@reedsmith.com James W. Riley, Jr. Atty. No. 6073-49 141 East Washington Street, Fourth Floor Indianapolis, IN 46204 (317) 636-8000 (317) 636-8027 (Facsimile) jriley@rbelaw.com Attorneys for Defendants Case 1:12-cv-01654-TWP-MJD Document 212 Filed 02/26/14 Page 3 of 4 PageID #: 2792 - 4 - CERTIFICATE OF SERVICE I hereby certify that on February 26, 2014 a copy of the foregoing document was filed electronically. Notice of this filing will be sent by operation of the Court’s electronic filing to all counsel of record. s/ Michael L. DeMarino Case 1:12-cv-01654-TWP-MJD Document 212 Filed 02/26/14 Page 4 of 4 PageID #: 2793