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+ ORDER ON 

MOTION 

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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/or redacting 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 Document Numbers 860, 866, 875, 

877, 878, 894, 896, 897, 976, 982, 984, 986, 1336, 1338, 1340, and 1342 (MS 049). For the 

following reasons, the motions are 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 

653625/2021 INTERNATIONAL BUSINESS vs. GLOBALFOUNDRIES U.S. INC. 

Motion No. 044 045 049 

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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 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 2010]). "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 the proposed sealing and/or targeted redactions in the documents 

filed as NYSCEF Document Numbers 918, 922, 924, 925, 926, 927, 928, 932, 934, 936, 938, 

940, 942, and 944 (MS 044); Document Numbers 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 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. 

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

filed as document number 952 (MS 045) do not establish a compelling justification for the 

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

653625/2021 INTERNATIONAL BUSINESS vs. GLOBALFOUNDRIES U.S. INC. 

Motion No. 044 045 049 

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NYSCEF DOC. NO. 1357 

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RECEIVED NYSCEF: 03/29/2024 

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. 

No party makes an argument that the documents filed as NYSCEF Document Numbers 

933, 935, 937, 939, 941, 943, or 945 (MS 044) should be sealed, and upon review, the files 

uploaded to NYSCEF are only cover sheets or redacted copies of documents. Therefore, these 

documents will not be sealed. 

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 the motions to seal/redact the Exhibits are granted insofar as they seek 

to seal the documents filed as NYSCEF Document Numbers 922, 924, 925, 926, 927, 928, 932, 

934, 936, 938, 940, and 942 (MS 044); Document Numbers 949 and 951 (MS 045); and 

Document Numbers 860, 866, 875, 877, 878, 894, 896, 897, 976, 982, 984, 986, 1336, 1338, 

1340, and 1342 (MS 049); it is further 

ORDERED that the motions to seal/redact the Exhibits are granted insofar as they seek 

to redact confidential portions of the documents filed as NYSCEF Document Number 918 and 

944; it is further 

653625/2021 INTERNATIONAL BUSINESS vs. GLOBALFOUNDRIES U.S. INC. 

Motion No. 044 045 049 

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NYSCEF DOC. NO. 1357 

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RECEIVED NYSCEF: 03/29/2024 

ORDERED that the motions to seal/redact the Exhibits are denied as to the document 

filed as NYSCEF Document Number 952 (MS 045), without prejudice to filing a new motion 

within 21 days to redact confidential portions of this Exhibit 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 918, 922, 924, 925, 926, 927, 928, 932, 934, 936, 938, 940, 942, and 944 

(MS 044); Document Numbers 949 and 951 (MS 045); and Document Numbers 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 may be accessible by the 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 of the Court's entry of this Decision and 

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

document consistent with this Decision and Order within that 21-day period, the document 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 County Clerk shall unseal the documents filed to the docket as 

NYSCEF Document Numbers 933, 935, 937, 939, 941, 943, or 945 (MS 044); it is further 

ORDERED that, to the extent they have not already done so, the parties shall upload 

redacted copies to NYSCEF of the documents filed at NYSCEF Document Numbers 918 and 

944 (MS 044); it is further 

653625/2021 INTERNATIONAL BUSINESS vs. GLOBALFOUNDRIES U.S. INC. 

Motion No. 044 045 049 

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NYSCEF DOC. NO. 1357 

INDEX NO. 653625/2021 

RECEIVED NYSCEF: 03/29/2024 

ORDERED that nothing in this Decision and Order shall be construed as sealing 

documents or testimony to be admitted at trial; 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 

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. 

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 

653625/2021 INTERNATIONAL BUSINESS vs. GLOBALFOUNDRIES U.S. INC. 

Motion No. 044 045 049 

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□ OTHER 

□ REFERENCE 

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