### International Bus. Machs. Corp. v Global Foundries U.S. Inc. 2024 NY Slip Op 31065(U) March 29, 2024 Supreme Court, New York County Docket Number: Index No. 653625/2021 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.NYSCEF DOC. NO. 1357



### SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M

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INTERNATIONAL BUSINESS MACHINES CORPORATION, Plaintiff, INDEX NO.

MOTION DATE INDEX NO. 653625/2021 RECEIVED NYSCEF: 03/29/2024

653625/2021 10/13/2023, 10/18/2023, 01/16/2024

- V - GLOBALFOUNDRIES U.S. INC., MOTION SEQ. NO. 044 045 049 Defendant. DECISION+ ORDERON MOTION

-----------------------------------------------------------------------------------X HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 044) 929, 930, 931, 932, 933,934,935,936,937,938,939,940,941,942,943,944,945,946,947,948, 1010, 1350 were read on this motion to SEAL/REDACT The following e-filed documents, listed by NYSCEF document number (Motion 045) 953, 954, 955, 956, 957,958,959,960,961,962, 1008, 1311, 1353 were read on this motion to SEAL/REDACT The following e-filed documents, listed by NYSCEF document number (Motion 049) 1333, 1334, 1335, 1336, 1337, 1338, 1339, 1340, 1341, 1342, 1343, 1344, 1345, 1352 were read on this motion to SEAL/REDACT 

### The parties to this action seek orders sealing and/orredacting exhibits from that were filed in connection with this proceeding as NYSCEF Document Numbers 918, 922, 924, 925, 926,927,928,932,933,934,935,936,937,938,939,940,941,942,943,944,and945(MS 044); Document Numbers 949, 951, and 952 (MS 045); and DocumentNumbers 860, 866, 875, 877, 878, 894, 896, 897, 976, 982, 984, 986, 1336, 1338, 1340, and 1342 (MS 049). Forthe following reasons, the motions are granted in part. 

### Pursuantto§ 216.1 (a) ofthe Uniform Rules for Trial Courts, this Court may seal a filing "upon awritten finding ofgood cause, which shall specify the grounds thereof. In determining

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### [* 1]NYSCEF DOC. NO. 1357 INDEX NO. 653625/2021 RECEIVED NYSCEF: 03/29/2024

whether good cause has been shown, the court shall consider the interests ofthe public as well as ofthe parties" (22 NYCRR § 216.1 [a]). The Appellate Division has emphasizedthat "there is abroadpresumption that the public is entitled to access tojudicial proceedings and court records" (Mosallem vBerenson, 76 AD3d 345, 348 [1stDept 2010]). "Since the right [ofpublic access to court proceedings] is of constitutional dimension, any order denying access mustbenarrowly tailored to serve compellingobjectives, such as a need for secrecy that outweighs the public's right to access" (DancoLabs., Ltd v Chemical Works of GedeonRichter, Ltd, 274 AD2d 1, 6 [1st Dept 2000] [emphasis added]; seealso, e.g. Gryphon Dom. 

### VL LLCvAPPIntern. Fin. Co., B. V, 28 AD3d 322, 324 [1stDept 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 tojustify restricting public access"' (Maxim, Inc. vFeifer, 145 AD3d 516, 517 [1st Dept 2016] [citations omitted]). The Courthas reviewed the proposed sealing and/or targeted redactions in the documents filed as NYSCEF DocumentNumbers 918, 922, 924, 925, 926, 927, 928, 932, 934, 936, 938, 940, 942, and 944 (MS 044); DocumentNumbers 949 and 951 (MS 045); and Document Numbers860,866,875,877,878,894,896,897,976,982,984,986, 1336, 1338, 1340,and 1342 (MS 049), and finds that they comportwith 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. However, the parties' generalized assertions ofgood cause as to the remaining Exhibits filed as document number 952 (MS 045) do not establish a compellingjustification for the complete sealing that is proposed. Whileportions ofthese documents may include confidential

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### [* 2]NYSCEF DOC. NO. 1357 INDEX NO. 653625/2021 RECEIVED NYSCEF: 03/29/2024

business and financial information, the proposed sealing is not adequately explained orjustified. Thus, the parties shouldpropose andjustifytargeted redactions that satisfy the requirements of 22 NYCRR § 216 [a] and applicable case law. No partymakes an argument that the documents filed as NYSCEF DocumentNumbers 933, 935, 937, 939, 941, 943, or 945 (MS 044) shouldbe sealed, and uponreview, the files uploaded to NYSCEF are only cover sheets orredacted copies ofdocuments. Therefore, these documents will notbe sealed. Any subsequentmotion seeking to address the above concerns should adhere to this Part's Sealing Practices andProcedures (see https:/ /www.nycourts.gov/Legacy PDFS/ courts/com div /NY /PDFs/part3-sealing-practices.pdf), including the requirement to submit an affidavitbased on personal knowledge attesting to the factual bases for redaction and a spreadsheet setting forth a non-conclusory good faith basis for each proposedredaction. Accordingly, itis ORDERED that the motions to seal/redact the Exhibits are granted insofar as they seek to seal the documents filed as NYSCEF DocumentNumbers 922, 924, 925, 926, 927, 928, 932, 934, 936, 938, 940, and 942 (MS 044); DocumentNumbers 949 and 951 (MS 045); and DocumentNumbers 860, 866, 875, 877, 878, 894, 896, 897, 976, 982, 984, 986, 1336, 1338, 1340, and 1342 (MS 049); itis further ORDERED that the motions to seal/redactthe Exhibits are granted insofar as they seek to redact confidential portions ofthe documents filed as NYSCEF DocumentNumber 918 and 944; itis further

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### [* 3]NYSCEF DOC. NO. 1357 INDEX NO. 653625/2021 RECEIVED NYSCEF: 03/29/2024

ORDERED that the motions to seal/redact the Exhibits are denied as to the document filed as NYSCEF DocumentNumber 952 (MS 045), without prejudice to filing a new motion within 21 days to redact confidentialportions ofthis Exhibit consistentwith 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 918, 922, 924, 925, 926, 927, 928, 932, 934, 936, 938, 940, 942, and 944 (MS 044); DocumentNumbers 949 and 951 (MS 045); and DocumentNumbers 860, 866, 875, 877, 878, 894, 896, 897, 976, 982, 984, 986, 1336, 1338, 1340, and 1342 (MS 049) under seal,
so that the documents maybe accessible bythe parties, their counsel, and authorized court personnel; it is further ORDERED that the document filed as NYSCEF Document Number 952 (MS 045) shall remain provisionally sealed for 21 days from the date ofthe Court's entry ofthis Decision and Order on NYSCEF. Ifanyparty files a new motion to redact/seal confidentialportions ofthe document consistentwith this Decision and Orderwithin that 21-dayperiod, the document shall remain provisionally sealed pendingresolution ofthat motion. Ifno such motion is filed within 21 days from the entry ofthis Decision and Order, the parties shall alert the County Clerk that the motion to seal the above-referenced documents has been denied bythe Court and that the documents shouldbe unsealed on NYSCEF; itis further ORDERED that the County Clerk shall unseal the documents filed to the docket as NYSCEF Document Numbers 933, 935, 937, 939, 941, 943, or 945 (MS 044); itis further ORDERED that, to the extent they have not already done so, the parties shall upload redacted copies to NYSCEF ofthe documents filed at NYSCEF Document Numbers 918 and 944 (MS 044); itis further

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ORDERED thatnothing inthis Decision and Order shall be construed as sealing documents ortestimonyto be admitted attrial; itis further ORDERED that, as itrelates to future submissions that contain subjectmatterthat the courthas authorizedto be sealedbythis Decision and Orderwhich are madebyanyparty, the parties may file a joint stipulation, to be So Ordered, which will authorize the filing ofsuch future submissions to be filed in sealed and/or redacted form on NYSCEF, providedthat an unredacted copy ofany document is contemporaneously filed with a request to seal. This constitutes the Decision and Order ofthe Court.

3/29/2024

DATE JOEL M. COHEN, J.S.C. CHECK ONE:
APPLICATION: CHECK IF APPROPRIATE:

# ~ CASE DISPOSED GRANTED**□** DENIED SETTLE ORDER INCLUDES TRANSFER/REASSIGN NON-FINAL DISPOSITION GRANTED IN PART SUBMIT ORDER FIDUCIARY APPOINTMENT

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