Stipulation,Agreement: Datadog, Inc v. Abhishek Singh, Elastic N.V. F/K/A Elasticsearch B.V.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION


DATADOG, INC.,                                                 Index No.: 653146/2023

                                 Plaintiff,                    STIPULATION AND [PROPOSED]
                                                               ORDER

                  -against-

ABHISHEK SINGH and ELASTIC N.V.
F/K/A ELASTICSEARCH B.V.,

                                 Defendants.



       WHEREAS, the Stipulation and Order for the Production and Exchange of Confidential

Information (“Protective Order”), Docket No. 56, gives the Producing Party (as defined therein)

until seven (7) days after the hearing on Plaintiff’s motion for preliminary injunction (“PI

Hearing”) to file a motion to file under seal information that is subject to sealing (¶ 12(a));

       WHEREAS, on September 5, 2023, Plaintiff filed papers in support of its application for

preliminary injunction (“Plaintiff’s PI Brief”);

       WHEREAS, Plaintiff’s PI Brief contained confidential information of both parties that

may be subject to sealing;

       WHEREAS, Plaintiff arranged for the PI Brief to be filed under “restricted status,” in its

entirety, on the Court’s ECF system, pending a motion to file under seal under the schedule set in

the Protective Order;

       WHEREAS, the clerk of court may unilaterally remove a “restricted status” designation

absent further order of the Court;




       
        


        WHEREAS, Defendants are scheduled to file their own papers in opposition to Plaintiff’s

motion for preliminary injunction on September 25 (“Defendants’ Opposition”), and Plaintiff is

scheduled to file a reply on October 2 (“Plaintiff’s Reply”);

        IT IS HEREBY ORDERED that:

        1. As specified in the Protective Order, any motion to file under seal with respect to

Plaintiff’s PI Brief, Defendants’ Opposition, and/or Plaintiff’s Reply, including the filing of

proposed public, redacted versions of such papers, shall be filed within seven days of the PI

Hearing.

        2. The unredacted copies of Plaintiff’s PI Brief, Defendants’ Opposition, and Plaintiff’s

Reply may remain on restricted status in the ECF system until the Court’s ruling on such motion

to file under seal. 

        




        
      


COOLEY LLP                                  SEYFARTH SHAW LLP
55 HUDSON YARDS                             620 EIGHT AVENUE
NEW YORK, NY 10001-2157                     NEW YORK, NEW YOK 10018
By: /s/ Joseph Lockinger                    By: /s/ Eddy Salcedo
Joseph Lockinger (jlockinger@cooley.com)    Eddy Salcedo (esalcedo@seyfarth.com)
Michael Berkovits (mberkovits@cooley.com)   James Yu (jyu@seyfarth.com)
Erika Freeman (efreeman@cooley.com)
Tel: +1 212 479 6000                        Tel: +1 212 218 5500____________
Attorneys for Plaintiff Datadog, Inc.       Attorneys for Defendants Abhishek Singh
                                            and Elasticsearch, Inc., incorrectly sued as
                                            Elastic N.V. f/k/a Elasticsearch B.V.




Dated: ____________________


SO ORDERED


__________________________
J.M.C.