09923-00001/13146971.1 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

www.flsb.uscourts.gov

In re: Chapter 11 

 

CINEMEX HOLDINGS USA, 

INC., 

 Case No. 20-14696-LMI 

 (Formerly Jointly Administered Under

Reorganized Debtor. Lead Case: Cinemex USA Real Estate 

Holdings, Inc., Case No. 20-14695-

LMI) 

___________________________ / 

REORGANIZED DEBTOR’S EX PARTE MOTION FOR LEAVE TO FILE, UNDER 

SEAL, AN UNREDACTED VERSION OF (I) THE REORGANIZED DEBTOR’S 

MOTION TO COMPEL PRODUCTION OF DOCUMENTS THAT MOAC MALL 

HOLDINGS LLC IMPROPERLY WITHHELD AS PRIVILEGED 

AND TO COMPEL DEPONENT TESTIMONY AND (II) CERTAIN EXHIBITS 

 Cinemex Holdings USA, Inc. (the “Reorganized Debtor”) by and through its undersigned 

counsel, respectfully submits this Ex Parte Motion for Leave to File, Under Seal, an Unredacted 

Version of (I) the Reorganized Debtor’s Motion to Compel Production of Documents that MOAC 

Mall Holdings LLC Improperly Withheld as Privileged and to Compel Deponent Testimony and 

(II) Certain Exhibits (this “Motion”), and states as follows: 

 1. On January 7, 2022, the Reorganized Debtor filed a redacted version of the 

Reorganized Debtor’s Motion to Compel Production of Documents that MOAC Mall Holdings 

LLC Improperly Withheld as Privileged and to Compel Deponent Testimony (the “Motion to 

Compel”). See ECF No. 373. 

Case 20-14696-LMI Doc 375 Filed 01/07/22 Page 1 of 4
09923-00001/13146971.1 

2

 2. Attached to the Motion to Compel is the Declaration of Serafina Concannon (the 

“Declaration”). Among other things, included as exhibits to the Declaration are copies of excerpts 

from deposition transcripts referenced in the Motion to Compel (Exhibits G, H, and I). 

 3. The Reorganized Debtor has cited to the deposition transcripts in the Motion to 

Compel and has included copies of excerpts from the deposition transcripts as exhibits to the 

Declaration. Pursuant to the Confidentiality Agreement and Stipulated Protective Order entered 

in these cases (Case No. 20-14695, ECF No. 288) (the “Protective Order”), opposing counsel has 

15 days to designate the transcripts as confidential. See ECF No. 288 at ¶ 4. As of the date of the 

filing of this Motion, the 15 day time period has not lapsed. 

 4. The Protective Order provides that “[a]ny Party who receives from another Party 

any ‘Discovery Material’ (e.g., information . . . including but not limited to . . . discovery conducted 

in this Case or a related Contested Matter or Adversary Proceeding . . .) that is designated as 

‘Confidential’ or ‘Highly Confidential’ . . . pursuant to the terms of this Order shall not disclose 

such Protected Information to anyone else except as expressly permitted hereunder or as provided 

by such order as may be issued by the Court during the course of this Case or a related Contested 

Matter or Adversary Proceeding.” Case 20-14695, ECF No. 288 at ⁋ 1. 

 5. Rule 5005-1(A)(4) of the Local Rules of the United States Bankruptcy Court for 

the Southern District of Florida (the “Local Rules”) provides, in part, that documents may only be 

filed under seal with leave of the Court. The Published Procedures for Filing Documents Under 

Seal likewise require motion for leave to file a document under seal. 

Case 20-14696-LMI Doc 375 Filed 01/07/22 Page 2 of 4
09923-00001/13146971.1 

3

 6. Local Rule 9070-1(a)(4) states that exhibits submitted for filing must comply with 

the federal judiciary privacy policy and Local Rule 5005-1(A)(2)(a), which codifies compliance 

with federal judiciary privacy policy. 

WHEREFORE, the Reorganized Debtor respectfully requests that the Court enter an 

order granting this Motion and the Reorganized Debtor leave to file, under seal, an unredacted 

version of the Motion to Compel, and to file, under seal, Exhibits G, H, and I to the Declaration, 

as well as grant any other and further relief that the Court may deem just and proper. 

Respectfully submitted this 7th day of January, 2022. 

QUINN EMANUEL URQUHART & 

SULLIVAN, LLP 

 

 Patricia B. Tomasco (admitted pro hac vice) 

Joanna D. Caytas (admitted pro hac vice) 

 711 Louisiana Street, Suite 500 

 Houston, Texas 77002 

 Telephone: 713-221-7000 

 Facsimile: 713-221-7100 

 Email: pattytomasco@quinnemanuel.com

 

 By: /s/ Patricia B. Tomasco

 Patricia B. Tomasco (admitted pro hac 

 vice) 

 

-and- 

 Juan P. Morillo (FBN 135933) 

 Serafina Concannon (admitted pro hac vice) 

 1300 I Street, NW, Suite 900 

 Washington, D.C. 20005 

 Telephone: 202-538-8000 

 Facsimile: 202-538-8100 

 Email: juanmorillo@quinnemanuel.com

 

 -and- 

 

Case 20-14696-LMI Doc 375 Filed 01/07/22 Page 3 of 4
09923-00001/13146971.1 

4

BAST AMRON LLP 

 

 Jeffrey P. Bast (FBN 996343) 

 Brett M. Amron (FBN 148342) 

 One Southeast Third Avenue, Suite 1400 

 Sun Trust International Center

 Miami, Florida 33131 

 Telephone: 305-379-7904 

 Facsimile: 305-379-7905 

 Email: jbast@bastamron.com

 Email: bamron@bastamron.com

 

COUNSEL FOR CINEMEX HOLDINGS 

USA, INC. 

Case 20-14696-LMI Doc 375 Filed 01/07/22 Page 4 of 4