Tremor Video, Inc. v Alphonso, Inc.

2024 NY Slip Op 30125(U)

January 10, 2024

Supreme Court, New York County

Docket Number: Index No. 653266/2021

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.
[FILED: NEW YORK COUNTY CLERK 01/10/2024 03:46 P~ 

NYSCEF DOC. NO. 1049 

SUPREME COURT OF THE STATE OF NEW YORK 

COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M 

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

TREMOR VIDEO, INC., INDEX NO. 

Plaintiff, 

- V - MOTION DATE 

INDEX NO. 653266/2021 

RECEIVED NYSCEF: 01/10/2024 

653266/2021 

09/01/2023, 

09/01/2023, 

09/01/2023 

ALPHONSO, INC. N/K/A LG ADS, LG ELECTRONICS, 

INC., MOTION SEQ. NO. 025 026 027 

Defendants. DECISION+ ORDER ON 

MOTION 

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

HON. JOEL M. COHEN: 

The following e-filed documents, listed by NYSCEF document number (Motion 025) 707, 708, 709,710, 

711,712,713,714,715,716,717,718,719,720,721,722,723,724,725,726,727,728,729,730, 

731,732,733,734,735,736,737,738,739,740,741,742,743,744,977,979,994,995,996, 1025 

were read on this motion to SEAL/REDACT 

The following e-filed documents, listed by NYSCEF document number (Motion 026) 745, 746, 747, 748, 

749,750,751,752,753,754,755,756,757,758,759,760,761,762,763,764,765,766,767,768, 

769,770,771,772,773,774,775,776,777,778,779,780,781,782,783,784,785,786,787,788, 

789,790,791,792,793,794,795,796,797,798,799,800,801,802,803,804,805,806,807,808, 

809,810,811,812,813,814,815,816,817,818,819,820,821,822,823,824,825,826,827,828, 

829,830,831,832,833,834,835,836,837,838,839,840,841,842,843,844,845,846,847,848, 

849,850,851,852,853,854,855,856,857,858,859,860,861,862,863,864,865,974,976,980, 

982,983,984,985,986,987,997,998,999, 1023, 1026 

were read on this motion to SEAL/REDACT 

The following e-filed documents, listed by NYSCEF document number (Motion 027) 866, 867, 868, 869, 

870,871,872,873,874,875,876,877,878,879,880,881,882,883,884,885,886,887,888,889, 

890,891,892,893,894,895,896,897,898,899,900,901,902,903,904,905,906,907,908,909, 

910,911,912,913,914,915,916,917,918,919,920,921,922,923,924,925,926,927,928,929, 

930,931,932,933,934,935,936,937,938,939,940,941,942,943,944,945,946,947,948,949, 

950,951,952,953,954,955,956,957,958,959,960,961,962,963,964,965,966,967,968,969, 

970,971,972,973,975,978,981,988,989,990,991,992,993, 1000, 1001, 1002, 1024, 1027 

were read on this motion to SEAL/REDACT 

Plaintiff Tremor Video, Inc. ("Tremor"), seeks an order sealing and/or redacting exhibits 

from that were filed in connection with this proceeding as NYSCEF Document Numbers 712-

740 (MS 025); 749-864 (MS 026); and 870-953 and 956-970 (MS 027), and redacting portions 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

1 of 7 

Page 1 of 7 

[* 1]
[FILED: NEW YORK COUNTY CLERK 01/10/2024 03:46 P~ 

NYSCEF DOC. NO. 1049 

INDEX NO. 653266/2021 

RECEIVED NYSCEF: 01/10/2024 

of documents filed as NYSCEF Document Numbers 711, 741, 742, and 743 (MS 025); 684, 685, 

749, 753, 853, and 854 (MS 026); and 693, 694, and 972-973 (MS 027). For the following 

reasons, Tremor's motion is granted in part. 

Pursuant to§ 216.1 (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 § 216.1 [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 201 O]). "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. VL 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 Tremor's proposed sealing of the documents filed as NYSCEF 

Document Numbers 712, 713, 717, 721, 724, 725, 730, 731, 732, 736, 737, 740 (MS 025); 752, 

755,756,758,759,760,761,763,764,765,766,767,768,769,771,774,775,777,784,785, 

786,788,790,791,793,794,795,797,799,800,801,805,810,812,832,833,834,836,840, 

849, 852, 857, 861, 983, 984, 985, and 986 (MS 026); and 870, 872, 878, 881, 882, 883, 884, 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

2 of 7 

Page 2 of 7 

[* 2]
[FILED: NEW YORK COUNTY CLERK 01/10/2024 03:46 P~ 

NYSCEF DOC. NO. 1049 

INDEX NO. 653266/2021 

RECEIVED NYSCEF: 01/10/2024 

885,887,888,889,891,892,893,894,895,896,902,904,906,908,911,912,914,916,922, 

926,927,928,930,934,935,936,938,939,949,956,962,964,965,967,989,990,991,and 

992 (MS 027), as well as the targeted redactions the proposed in the documents filed as 

NYSCEF Document Numbers 711, 741, 742, 743 (MS 025); 684, 685, 749, 753, 1 853, 854 (MS 

026); and 693, 694, 875, 876,2 972, and 973 (MS 027), and finds that they comport with the 

applicable sealing standard as laid out in Mosallem, 76 AD3d at 348-350, and its progeny, in that 

they contain sensitive and confidential business and financial information. Further, these 

Exhibits are properly sealed and/or redacted to the extent they contain nonpublic information 

about confidential contracts or agreements with non-parties to this instant case (Mancheski v 

Gabelli Grp. Capital Partners, 39 AD3d 499, 502 [2d Dept 2007] ["[D]isclosure could impinge 

on the privacy rights of third parties who clearly are not litigants herein[.]"]). 

However, the parties' generalized assertions of good cause for the remaining Exhibits 

filed as NYSCEF Document Numbers 714, 715, 716, 718, 719, 720, 722, 723, 726, 727, 728, 

729, 733, 734, 735, 738, and 739 (MS 025); 750, 751, 754, 757, 762, 770, 772, 773, 776, 778, 

779,780,781,782,783,787,789,792,796,798,802,803,804,806,807,808,809,811,813, 

814,815,816,817,818,819,820,821,822,823,824,825,826,827,828,829,830,831,835, 

837,838,839,841,842,843,844,845,846,847,848,850,851,855,856,858,859,860,862, 

863, and 864 (MS 026); and 871, 873, 874, 877, 879, 880, 886, 890, 897, 898, 899, 900, 901, 

903,905,907,909,910,913,915,917,918,919,920,921,923,924,925,929,931,932,933, 

1 The proposed redactions for NYSCEF Document Numbers 684, 685, 749, and 753 are found at 

NYSCEF Document Numbers 983, 984, 985, and 986 respectively. 

2 The proposed redactions for NYSCEF Document Numbers 693, 694, 875, and 876 are found at 

NYSCEF Document Numbers 989,990,991, and 992 respectively. 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

3 of 7 

Page 3 of 7 

[* 3]
[FILED: NEW YORK COUNTY CLERK 01/10/2024 03:46 P~ 

NYSCEF DOC. NO. 1049 

INDEX NO. 653266/2021 

RECEIVED NYSCEF: 01/10/2024 

937,940,941,942,943,944,945,946,947,948,950,951,952,953,957,958,959,960,961, 

963, 966, 968, 969, and 970 (MS 027), do not establish a compelling justification for the 

complete sealing that is proposed. While portions of these documents may include confidential 

business and financial information, the proposed sealing is not adequately explained or justified. 

Thus, the parties should propose and justify targeted redactions that satisfy the requirements of 

22 NYCRR § 216 [a] and applicable case law. 

Any subsequent motion seeking to address the above concerns should adhere to this 

Part's Sealing Practices and Procedures (see 

https :/ /www.nycourts.gov/Legacy PD FS/ courts/ com div /NY /PDF s/part3-sealing-practices. pdf), 

including the requirement to submit an affidavit based on personal knowledge attesting to the 

factual bases for redaction and a spreadsheet setting forth a non-conclusory good faith basis for 

each proposed redaction. 

Accordingly, it is 

ORDERED that Tremor's motion to seal the Exhibits is granted insofar as it seeks to 

seal the documents filed as NYSCEF Document Numbers 712, 713, 717, 721, 724, 725, 730, 

731, 732, 736, 737, and 740 (MS 025); 752, 755, 756, 758, 759, 760, 761, 763, 764, 765, 766, 

767,768,769,771,774,775,777,784,785,786,788,790,791,793,794,795,797,799,800, 

801,805,810,812,832,833,834,836,840,849,852,857,861,983,984,985,and986(MS 

026);and870,872,878,881,882,883,884,885,887,888,889,891,892,893,894,895,896, 

902,904,906,908,911,912,914,916,922,926,927,928,930,934,935,936,938,939,949, 

956, 962, 964, 965, 967, 989, 990, 991, and 992 (MS 027), and insofar as it seeks to redact the 

documents filed as NYSCEF Document Numbers 711, 741, 742, and 743 (MS 025); 684, 685, 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

4 of 7 

Page 4 of 7 

[* 4]
[FILED: NEW YORK COUNTY CLERK 01/10/2024 03 :46 PM] INDEX NO. 653266/2021 

NYSCEF DOC. NO. 1049 RECEIVED NYSCEF: 01/10/2024 

749, 753,3 853, and 854 (MS 026); and 693, 694, 875, 876,4 972 and 973 (MS 026); and is 

otherwise denied, without prejudice to filing a new motion within 21 days to redact confidential 

portions of the remaining Exhibits consistent with this Decision and Order and applicable case 

law; it is further 

ORDERED that the County Clerk shall maintain the documents filed as NYSCEF 

Document Numbers 711, 712, 713, 717, 721, 724, 725, 730, 731, 732, 736, 737, 740, 741, 742, 

and 743 (MS 025); 684, 685, 749, 752, 753, 755, 756, 758, 759, 760, 761, 763, 764, 765, 766, 

767,768,769,771,774,775,777,784,785,786,788,790,791,793,794,795,797,799,800, 

801,805,810,812,832,833,834,836,840,849,852,853,854,857,861,983,984,985,and 

986 (MS 026); and 693, 694, 870, 872, 875, 876, 878, 881, 882, 883, 884, 885, 887, 888, 889, 

891,892,893,894,895,896,902,904,906,908,911,912,914,916,922,926,927,928,930, 

934,935,936,938,939,949,956,962,964,965,967,972,973,983,984,985,986,989,990, 

991, and 992 (MS 027) under seal, so that the documents may be accessible by the parties, their 

counsel, and authorized court personnel; it is further 

ORDERED that the documents filed as NYSCEF Document Numbers 714, 715, 716, 

718, 719, 720, 722, 723, 726, 727, 728, 729, 733, 734, 735, 738, and 739 (MS 025); 750, 751, 

754,757,762,770,772,773,776,778,779,780,781,782,783,787,789,792,796,798,802, 

803,804,806,807,808,809,811,813,814,815,816,817,818,819,820,821,822,823,824, 

825,826,827,828,829,830,831,835,837,838,839,841,842,843,844,845,846,847,848, 

3 The proposed redactions for NYSCEF Document Numbers 684, 685, 749, and 753 are found at 

NYSCEF Document Numbers 983, 984, 985, and 986 respectively. 

4 The proposed redactions for NYSCEF Document Numbers 693, 694, 875, and 876 are found at 

NYSCEF Document Numbers 989,990,991, and 992 respectively. 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

5 of 7 

Page 5 of 7 

[* 5]
[FILED: NEW YORK COUNTY CLERK 01/10/2024 03:46 P~ 

NYSCEF DOC. NO. 1049 

INDEX NO. 653266/2021 

RECEIVED NYSCEF: 01/10/2024 

850, 851, 855, 856, 858, 859, 860, 862, 863, and 864 (MS 026); and 871, 873, 874, 877, 879, 

880,886,890,897,898,899,900,901,903,905,907,909,910,913,915,917,918,919,920, 

921,923,924,925,929,931,932,933,937,940,941,942,943,944,945,946,947,948,950, 

951, 952, 953, 957, 958, 959, 960, 961, 963, 966, 968, 969, and 970 (MS 027) shall remain 

provisionally sealed for 21 days from the date of the Court's entry of this Decision and Order on 

NYSCEF. If any party files a new motion to seal or redact confidential portions of the 

documents consistent with this Decision and Order within that 21-day period, the documents 

shall remain provisionally sealed pending resolution of that motion. If no such motion is filed 

within 21 days from the entry of this Decision and Order, the parties shall alert the County Clerk 

that the motion to seal the above-referenced documents has been denied by the Court and that the 

documents should be unsealed on NYSCEF; it is further 

ORDERED that the parties upload redacted copies to NYSCEF of the documents filed at 

NYSCEF Document Numbers 711, 741, 742, and 743 (MS 025); 684, 685, 749, 753,5 853, and 

854 (MS 026); and 693, 694, 875, 876,6 972 and 973 (MS 027) within 21 days of this Decision 

and Order; it is further 

ORDERED that, as it relates to future submissions that contain subject matter that the 

court has authorized to be sealed by this Decision and Order which are made by any party, the 

parties may file a joint stipulation, to be So Ordered, which will authorize the filing of such 

5 The proposed redactions for NYSCEF Document Numbers 684, 685, 749, and 753 are found at 

NYSCEF Document Numbers 983, 984, 985, and 986 respectively. 

6 The proposed redactions for NYSCEF Document Numbers 693, 694, 875, and 876 are found at 

NYSCEF Document Numbers 989,990,991, and 992 respectively. 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

6 of 7 

Page 6 of 7 

[* 6]
!FILED: NEW YORK COUNTY CLERK 01/10/2024 03 :46 PM! 

NYSCEF DOC. NO. 1049 

INDEX NO. 653266/2021 

RECEIVED NYSCEF: 01/10/2024 

future submissions to be filed in sealed and/or redacted form on NYSCEF, provided that an 

unredacted copy of any document is contemporaneously filed with a request to seal. 

This constitutes the Decision and Order of the Court. 

1/10/2024 

DATE 

CHECK ONE: 

APPLICATION: 

CHECK IF APPROPRIATE: 

CASE DISPOSED 

GRANTED □ DENIED 

SETTLE ORDER 

INCLUDES TRANSFER/REASSIGN 

653266/2021 TREMOR VIDEO, INC. vs. ALPHONSO, INC. 

Motion No. 025 026 027 

7 of 7 

JOEL M. COHEN, J.S.C. 

NON-FINAL DISPOSITION 

GRANTED IN PART 

SUBMIT ORDER 

FIDUCIARY APPOINTMENT 

□ OTHER 

□ REFERENCE 

Page 7 of 7 

[* 7]