Preview
FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
Exhibit C
Transcript of May 22, 2018 hearing on request to seal the file
Motion Seq. No. 4
FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
1
1 SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY : CIVIL TERM : PART 53
2 --------------------------------------
CRESCO LABS NEW YORK, LLC,
3
Plaintiff,
4
-against- Index No.
5 652343/2018
FIORELLO PHARMACEUTICALS, INC.,
6
Defendant. PROCEEDING
7 --------------------------------------
8 May 22, 2018
9 60 Centre Street
New York, New York
10
B E F O R E:
11
HON. CHARLES E. RAMOS, Justice
12
13 A P P E A R A N C E S:
14 KURZMAN EISENBERG CORBIN & LEVER, LLP
Attorneys for the Plaintiff
15 1 North Broadway
White Plains, New York 10601
16 BY: FRED D. WEINSTEIN, ESQ.
17 EDELSON PC
Attorneys for the Plaintiff
18 305 North LaSalle Street, 14th Floor
Chicago, Illinois 60654
19 BY: BENJAMIN H. RICHMAN, ESQ.
20 IZOWER FELDMAN, LLP
Attorneys for the Defendant
21 85 Broad Street, Floor 18
New York, New York 10004
22 BY: RONALD D. LEFTON, ESQ.
RACHEL IZOWER-FADDE, ESQ.
23
24 Anne Marie Scribano
Senior Court Reporter
25
FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
Proceedings 2
1 THE COURT: This a motion to seal the file,
2 something we don't particularly like doing. You've got to
3 give me a good reason.
4 MR. WEINSTEIN: Your Honor, may I be heard first
5 on a preliminary matter?
6 THE COURT: Sure, please.
7 MR. WEINSTEIN: Your Honor, my name is Fred
8 Weinstein. I'm with the law firm of Kurzman Eisenberg
9 Corbin and Lever. We are the attorneys for the plaintiff.
10 We're actually local counsel.
11 Sitting here --
12 THE COURT: Speak up. I can't hear. The air
13 conditioning is making it --
14 MR. WEINSTEIN: It hasn't changed in 38 years.
15 I am local counsel for the plaintiff and I have a
16 proposed order to admit Benjamin Richman, who is a member in
17 good standing of the Illinois --
18 THE COURT: Have you filed the papers?
19 MR. WEINSTEIN: We e-filed.
20 THE COURT: Welcome to New York.
21 MR. RICHMAN: Thank you, your Honor.
22 MR. WEINSTEIN: Do you want me to hand up a hard
23 copy?
24 THE COURT: Not necessary. I'll get it through
25 the e-filing system.
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NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
Proceedings 3
1 MR. RICHMAN: Thank you, your Honor.
2 This case -- we haven't filed a complaint yet,
3 your Honor, and the reason we haven't is because of the
4 request, obviously.
5 The request is based on the fact that there's a
6 written agreement between the parties. I'll be careful to
7 not disclose any of the terms. But one of the key terms of
8 the agreement is that all of the discussions, the agreement
9 itself, all the terms of the agreement would be kept in
10 strict confidence. So, of course --
11 THE COURT: Under New York law that's not a
12 sufficient reason. You've got to show me that there's some
13 real damage that would occur if the -- first of all, there's
14 always a -- we can seal a portion, we can seal a portion of
15 the file or we can redact the document, redact the document
16 to the point where the terms are not necessarily revealed in
17 the pleading or in the exhibits.
18 I don't know how this -- tell me what this case
19 involves.
20 MR. RICHMAN: Yes, your Honor.
21 And, Counsel, please stop me if I'm going too far
22 at any point.
23 THE COURT: Fellas, there's nobody here right now.
24 MR. RICHMAN: Of course, your Honor, other than
25 the court reporter.
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Proceedings 4
1 So, your Honor, this is essentially a preliminary
2 agreement to agree on a more fulsome agreement later.
3 THE COURT: An agreement on what?
4 MR. RICHMAN: On a more fulsome agreement.
5 THE COURT: Which is going to do what?
6 MR. RICHMAN: Which would allow for the purchase
7 of a business license, a certain business license held by
8 one entity that would be sold to another.
9 THE COURT: Who holds the license?
10 MR. RICHMAN: The defendant, your Honor.
11 THE COURT: Fiorello Pharmaceuticals?
12 MR. RICHMAN: Correct.
13 THE COURT: And Cresco Labs is what kind of
14 company?
15 MR. RICHMAN: Well, your Honor, this is sort of
16 delving into the sensitivity here, because it's a --
17 THE COURT: Delve, because, if you don't, you're
18 going to get a motion denied.
19 MR. RICHMAN: Of course, your Honor. Okay.
20 So the two entities are cannabis cultivation
21 entities, your Honor. These are unique licenses to operate
22 in certain jurisdictions. There was an agreement to
23 continue to negotiate a more fulsome agreement for the
24 purchase and sale of that license. It's a unique property.
25 Our contention in the case, ultimately, would be
FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
Proceedings 5
1 that there was a breach of that agreement by the defendant,
2 but in order to set that forth for your Honor and for the
3 Court, we have to delve into the discussions between the
4 parties, the circumstances of the negotiations, the terms of
5 that preliminary agreement and what it required the parties
6 to do. And, again, one of the key terms in that agreement
7 is that it all be held in strict confidence.
8 So our concern --
9 THE COURT: You're not giving me any information
10 at all.
11 What kind of a competitive situation are you -- do
12 these entities exist in?
13 MR. RICHMAN: They exist in a world, your Honor --
14 and, again, please stop me if I'm going too far -- but they
15 exist in a world where there is -- there are 10 of these
16 licenses for the entire state.
17 THE COURT: These are licenses for what?
18 MR. RICHMAN: To cultivate cannabis, your Honor.
19 THE COURT: I'm sorry. I can't hear what you're
20 saying.
21 MR. RICHMAN: Cultivate cannabis, your Honor.
22 THE COURT: So you want to grow pot in New York.
23 This is a secret?
24 MR. LEFTON: Your Honor, may I be heard,
25 because --
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Proceedings 6
1 THE COURT: Yes.
2 MR. LEFTON: Thank you, your Honor.
3 Ronald Lefton for the defendant.
4 THE COURT: And you think there's no public
5 interest involved here? This is one of the hottest issues
6 in politics right now.
7 MR. LEFTON: You're exactly right, your Honor.
8 And the reason we consented is as follows.
9 Fiorello is one of 10 licensees under a license by the New
10 York State Department of Health to sell medical marijuana
11 and to prescribe medical marijuana. It has specific
12 territories. It, as I say, it is one of 10 licensees. The
13 Department of Health has indicated there would be additional
14 licensees if the market expands and there are other
15 licensees who are also interested in potentially selling the
16 operation. So there's nothing unique to my client.
17 Mr. Richman, I think, has mischaracterized the
18 preliminary agreement, because it's not to acquire the
19 license. The preliminary agreement, by its express terms,
20 is to acquire 100 percent of the stock of Fiorello from its
21 17 or 18 shareholders, none of whom were a party to the
22 preliminary agreement. So it's anticipated --
23 THE COURT: So Cresco wants to essentially become
24 the owner of Fiorello Pharmaceuticals?
25 MR. LEFTON: Correct, your Honor.
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Proceedings 7
1 THE COURT: Okay.
2 MR. LEFTON: And the reason for that is they
3 are --
4 THE COURT: And they would get a license?
5 MR. LEFTON: That's correct, because there are
6 impediments to transferring the license, so it was to be a
7 stock purchase agreement, but no stockholder is party to the
8 preliminary agreement.
9 The reason we, Fiorello, think this should be kept
10 under seal is because part of the letter of intent which was
11 breached and not performed by plaintiff was to provide
12 bridge financing. Fiorello has been left in a stagnant
13 position. Its operations have been put on hold trying to do
14 this deal with Cresco and it is now looking down parallel
15 paths to raise capital to continue to develop its
16 operations, as required by the New York State Department of
17 Health. And it's also negotiating with other prospective
18 suitors who have actually offered 68 percent more than the
19 price in the -- out of the line with Cresco.
20 THE COURT: Does the Department of Health have to
21 approve the sale?
22 MR. LEFTON: It does indeed.
23 So the shareholders would have to approve the sale
24 and agree to sell. And under the LOI it's a hundred percent
25 of the shareholders. There's no mechanism for how that
FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
Proceedings 8
1 would be implemented. The LOI simply refers to subsequent
2 definitive agreements, stock purchase agreement, a note
3 agreement, a guarantee agreement, agreements with the
4 shareholders for them to sell and ancillary -- and other
5 ancillary investment and operating agreements.
6 And they had a cut-off date of March 29th through
7 the business day that the LOI was entered, unless extended
8 by the parties, and it wasn't.
9 So we, Fiorello, is now negotiating with others
10 and the concern is that, if this information becomes readily
11 available, the terms of the LOI become available -- all they
12 have is groundless allegations of nonperformance by my
13 client -- they will --
14 THE COURT: Excuse me.
15 By "terms," are we talking about purchase price?
16 MR. LEFTON: Yes.
17 THE COURT: That can be easily redacted.
18 MR. LEFTON: I agree, your Honor.
19 THE COURT: Who cares what the purchase price is?
20 MR. LEFTON: But there may be some additional
21 information that they might put in which could impair the
22 ability of my client in its relationship with the Department
23 of Health, in its negotiations with other suitors in its
24 efforts to raise capital.
25 Because we are fearful, although we --
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Proceedings 9
1 THE COURT: Hang on. Time out.
2 I can understand the sensitivity of the
3 compensation that's being talked about here and that's,
4 frankly, nobody's business and I don't think the public
5 needs to know, either. But to think that this litigation
6 involving the transfer of these licenses or the owner of
7 these licenses to another entity is not within the public's
8 domain, you've got to be kidding yourself.
9 I had a case, the first case, in fact, I believe,
10 with Danco Laboratories, the case involving the day after
11 birth control pill. And we had an issue where the parties
12 wanted to seal the file, and I had agreed, the Appellate
13 Division reversed.
14 You have no idea how the press will be all over us
15 if we try to seal this file. And I'll tell you right now,
16 they go to the Appellate Division, they get it reversed.
17 MR. LEFTON: It does potentially impair the
18 relationship of Fiorello with the Department of Health.
19 THE COURT: It's a free country. You want to get
20 into that business, this is what you buy.
21 MR. LEFTON: In addition to the purchase price,
22 there's also confidential information that we --
23 THE COURT: The motion is denied.
24 You want to redact, you can redact anything you
25 want.
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NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018
Proceedings 10
1 MR. LEFTON: We may.
2 THE COURT: Redact to your heart's content.
3 MR. LEFTON: Okay.
4 THE COURT: But there will be no sealing of the
5 file.
6 Thank you very much.
7 MR. LEFTON: May I request, your Honor, that
8 before any document is filed, we -- the other side has an
9 opportunity to -- well, after the filing, but before it goes
10 too far, there's an opportunity to request redactions;
11 serve, redact and then file?
12 THE COURT: It's not a bad idea.
13 MR. RICHMAN: Your Honor, I think we have a
14 similar interest in the information that should be --
15 THE COURT: Not a bad idea.
16 MR. RICHMAN: -- should be redacted and sealed.
17 THE COURT: Don't bet the farm on this one because
18 you're not going to get much of a sealing out of me,
19 seriously.
20 Thank you very much. We're done.
21 (Proceedings adjourned)
22 Certified to be a true and
accurate transcript of the
23 foregoing proceedings
24
__________________________
25 Anne Marie Scribano
Preview
FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Exhibit C Transcript of May 22, 2018 hearing on request to seal the file Motion Seq. No. 4 FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 1 1 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY : CIVIL TERM : PART 53 2 -------------------------------------- CRESCO LABS NEW YORK, LLC, 3 Plaintiff, 4 -against- Index No. 5 652343/2018 FIORELLO PHARMACEUTICALS, INC., 6 Defendant. PROCEEDING 7 -------------------------------------- 8 May 22, 2018 9 60 Centre Street New York, New York 10 B E F O R E: 11 HON. CHARLES E. RAMOS, Justice 12 13 A P P E A R A N C E S: 14 KURZMAN EISENBERG CORBIN & LEVER, LLP Attorneys for the Plaintiff 15 1 North Broadway White Plains, New York 10601 16 BY: FRED D. WEINSTEIN, ESQ. 17 EDELSON PC Attorneys for the Plaintiff 18 305 North LaSalle Street, 14th Floor Chicago, Illinois 60654 19 BY: BENJAMIN H. RICHMAN, ESQ. 20 IZOWER FELDMAN, LLP Attorneys for the Defendant 21 85 Broad Street, Floor 18 New York, New York 10004 22 BY: RONALD D. LEFTON, ESQ. RACHEL IZOWER-FADDE, ESQ. 23 24 Anne Marie Scribano Senior Court Reporter 25 FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 2 1 THE COURT: This a motion to seal the file, 2 something we don't particularly like doing. You've got to 3 give me a good reason. 4 MR. WEINSTEIN: Your Honor, may I be heard first 5 on a preliminary matter? 6 THE COURT: Sure, please. 7 MR. WEINSTEIN: Your Honor, my name is Fred 8 Weinstein. I'm with the law firm of Kurzman Eisenberg 9 Corbin and Lever. We are the attorneys for the plaintiff. 10 We're actually local counsel. 11 Sitting here -- 12 THE COURT: Speak up. I can't hear. The air 13 conditioning is making it -- 14 MR. WEINSTEIN: It hasn't changed in 38 years. 15 I am local counsel for the plaintiff and I have a 16 proposed order to admit Benjamin Richman, who is a member in 17 good standing of the Illinois -- 18 THE COURT: Have you filed the papers? 19 MR. WEINSTEIN: We e-filed. 20 THE COURT: Welcome to New York. 21 MR. RICHMAN: Thank you, your Honor. 22 MR. WEINSTEIN: Do you want me to hand up a hard 23 copy? 24 THE COURT: Not necessary. I'll get it through 25 the e-filing system. FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 3 1 MR. RICHMAN: Thank you, your Honor. 2 This case -- we haven't filed a complaint yet, 3 your Honor, and the reason we haven't is because of the 4 request, obviously. 5 The request is based on the fact that there's a 6 written agreement between the parties. I'll be careful to 7 not disclose any of the terms. But one of the key terms of 8 the agreement is that all of the discussions, the agreement 9 itself, all the terms of the agreement would be kept in 10 strict confidence. So, of course -- 11 THE COURT: Under New York law that's not a 12 sufficient reason. You've got to show me that there's some 13 real damage that would occur if the -- first of all, there's 14 always a -- we can seal a portion, we can seal a portion of 15 the file or we can redact the document, redact the document 16 to the point where the terms are not necessarily revealed in 17 the pleading or in the exhibits. 18 I don't know how this -- tell me what this case 19 involves. 20 MR. RICHMAN: Yes, your Honor. 21 And, Counsel, please stop me if I'm going too far 22 at any point. 23 THE COURT: Fellas, there's nobody here right now. 24 MR. RICHMAN: Of course, your Honor, other than 25 the court reporter. FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 4 1 So, your Honor, this is essentially a preliminary 2 agreement to agree on a more fulsome agreement later. 3 THE COURT: An agreement on what? 4 MR. RICHMAN: On a more fulsome agreement. 5 THE COURT: Which is going to do what? 6 MR. RICHMAN: Which would allow for the purchase 7 of a business license, a certain business license held by 8 one entity that would be sold to another. 9 THE COURT: Who holds the license? 10 MR. RICHMAN: The defendant, your Honor. 11 THE COURT: Fiorello Pharmaceuticals? 12 MR. RICHMAN: Correct. 13 THE COURT: And Cresco Labs is what kind of 14 company? 15 MR. RICHMAN: Well, your Honor, this is sort of 16 delving into the sensitivity here, because it's a -- 17 THE COURT: Delve, because, if you don't, you're 18 going to get a motion denied. 19 MR. RICHMAN: Of course, your Honor. Okay. 20 So the two entities are cannabis cultivation 21 entities, your Honor. These are unique licenses to operate 22 in certain jurisdictions. There was an agreement to 23 continue to negotiate a more fulsome agreement for the 24 purchase and sale of that license. It's a unique property. 25 Our contention in the case, ultimately, would be FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 5 1 that there was a breach of that agreement by the defendant, 2 but in order to set that forth for your Honor and for the 3 Court, we have to delve into the discussions between the 4 parties, the circumstances of the negotiations, the terms of 5 that preliminary agreement and what it required the parties 6 to do. And, again, one of the key terms in that agreement 7 is that it all be held in strict confidence. 8 So our concern -- 9 THE COURT: You're not giving me any information 10 at all. 11 What kind of a competitive situation are you -- do 12 these entities exist in? 13 MR. RICHMAN: They exist in a world, your Honor -- 14 and, again, please stop me if I'm going too far -- but they 15 exist in a world where there is -- there are 10 of these 16 licenses for the entire state. 17 THE COURT: These are licenses for what? 18 MR. RICHMAN: To cultivate cannabis, your Honor. 19 THE COURT: I'm sorry. I can't hear what you're 20 saying. 21 MR. RICHMAN: Cultivate cannabis, your Honor. 22 THE COURT: So you want to grow pot in New York. 23 This is a secret? 24 MR. LEFTON: Your Honor, may I be heard, 25 because -- FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 6 1 THE COURT: Yes. 2 MR. LEFTON: Thank you, your Honor. 3 Ronald Lefton for the defendant. 4 THE COURT: And you think there's no public 5 interest involved here? This is one of the hottest issues 6 in politics right now. 7 MR. LEFTON: You're exactly right, your Honor. 8 And the reason we consented is as follows. 9 Fiorello is one of 10 licensees under a license by the New 10 York State Department of Health to sell medical marijuana 11 and to prescribe medical marijuana. It has specific 12 territories. It, as I say, it is one of 10 licensees. The 13 Department of Health has indicated there would be additional 14 licensees if the market expands and there are other 15 licensees who are also interested in potentially selling the 16 operation. So there's nothing unique to my client. 17 Mr. Richman, I think, has mischaracterized the 18 preliminary agreement, because it's not to acquire the 19 license. The preliminary agreement, by its express terms, 20 is to acquire 100 percent of the stock of Fiorello from its 21 17 or 18 shareholders, none of whom were a party to the 22 preliminary agreement. So it's anticipated -- 23 THE COURT: So Cresco wants to essentially become 24 the owner of Fiorello Pharmaceuticals? 25 MR. LEFTON: Correct, your Honor. FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 7 1 THE COURT: Okay. 2 MR. LEFTON: And the reason for that is they 3 are -- 4 THE COURT: And they would get a license? 5 MR. LEFTON: That's correct, because there are 6 impediments to transferring the license, so it was to be a 7 stock purchase agreement, but no stockholder is party to the 8 preliminary agreement. 9 The reason we, Fiorello, think this should be kept 10 under seal is because part of the letter of intent which was 11 breached and not performed by plaintiff was to provide 12 bridge financing. Fiorello has been left in a stagnant 13 position. Its operations have been put on hold trying to do 14 this deal with Cresco and it is now looking down parallel 15 paths to raise capital to continue to develop its 16 operations, as required by the New York State Department of 17 Health. And it's also negotiating with other prospective 18 suitors who have actually offered 68 percent more than the 19 price in the -- out of the line with Cresco. 20 THE COURT: Does the Department of Health have to 21 approve the sale? 22 MR. LEFTON: It does indeed. 23 So the shareholders would have to approve the sale 24 and agree to sell. And under the LOI it's a hundred percent 25 of the shareholders. There's no mechanism for how that FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 8 1 would be implemented. The LOI simply refers to subsequent 2 definitive agreements, stock purchase agreement, a note 3 agreement, a guarantee agreement, agreements with the 4 shareholders for them to sell and ancillary -- and other 5 ancillary investment and operating agreements. 6 And they had a cut-off date of March 29th through 7 the business day that the LOI was entered, unless extended 8 by the parties, and it wasn't. 9 So we, Fiorello, is now negotiating with others 10 and the concern is that, if this information becomes readily 11 available, the terms of the LOI become available -- all they 12 have is groundless allegations of nonperformance by my 13 client -- they will -- 14 THE COURT: Excuse me. 15 By "terms," are we talking about purchase price? 16 MR. LEFTON: Yes. 17 THE COURT: That can be easily redacted. 18 MR. LEFTON: I agree, your Honor. 19 THE COURT: Who cares what the purchase price is? 20 MR. LEFTON: But there may be some additional 21 information that they might put in which could impair the 22 ability of my client in its relationship with the Department 23 of Health, in its negotiations with other suitors in its 24 efforts to raise capital. 25 Because we are fearful, although we -- FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 9 1 THE COURT: Hang on. Time out. 2 I can understand the sensitivity of the 3 compensation that's being talked about here and that's, 4 frankly, nobody's business and I don't think the public 5 needs to know, either. But to think that this litigation 6 involving the transfer of these licenses or the owner of 7 these licenses to another entity is not within the public's 8 domain, you've got to be kidding yourself. 9 I had a case, the first case, in fact, I believe, 10 with Danco Laboratories, the case involving the day after 11 birth control pill. And we had an issue where the parties 12 wanted to seal the file, and I had agreed, the Appellate 13 Division reversed. 14 You have no idea how the press will be all over us 15 if we try to seal this file. And I'll tell you right now, 16 they go to the Appellate Division, they get it reversed. 17 MR. LEFTON: It does potentially impair the 18 relationship of Fiorello with the Department of Health. 19 THE COURT: It's a free country. You want to get 20 into that business, this is what you buy. 21 MR. LEFTON: In addition to the purchase price, 22 there's also confidential information that we -- 23 THE COURT: The motion is denied. 24 You want to redact, you can redact anything you 25 want. FILED: NEW YORK COUNTY CLERK 08/10/2018 03:53 PM INDEX NO. 652343/2018 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 08/10/2018 Proceedings 10 1 MR. LEFTON: We may. 2 THE COURT: Redact to your heart's content. 3 MR. LEFTON: Okay. 4 THE COURT: But there will be no sealing of the 5 file. 6 Thank you very much. 7 MR. LEFTON: May I request, your Honor, that 8 before any document is filed, we -- the other side has an 9 opportunity to -- well, after the filing, but before it goes 10 too far, there's an opportunity to request redactions; 11 serve, redact and then file? 12 THE COURT: It's not a bad idea. 13 MR. RICHMAN: Your Honor, I think we have a 14 similar interest in the information that should be -- 15 THE COURT: Not a bad idea. 16 MR. RICHMAN: -- should be redacted and sealed. 17 THE COURT: Don't bet the farm on this one because 18 you're not going to get much of a sealing out of me, 19 seriously. 20 Thank you very much. We're done. 21 (Proceedings adjourned) 22 Certified to be a true and accurate transcript of the 23 foregoing proceedings 24 __________________________ 25 Anne Marie Scribano