On November 15, 2016 a
Motion-Secondary
was filed
involving a dispute between
Trojan Maritime Inc.,
and
Tpg Sixth Street Partners, Llc, F K A Tpg Special Situations Partners, Llc,
for Commercial - Contract
in the District Court of New York County.
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FILED: NEW YORK COUNTY CLERK 07/13/2017 05:13 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/13/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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:
TROJAN MARITIME INC., : Index No.: 655978/2016
:
Plaintiff, : Motion Seq. No. 004
:
- against - :
:
:
TPG SIXTH STREET PARTNERS, LLC, f/k/a :
TPG SPECIAL SITUATIONS PARTNERS, LLC :
:
Defendant.
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AFFIRMATION OF ATTORNEY ZOFIA H RUBENS SUBMITTED IN SUPPORT OF
DEFENDANT’S CONSENTED TO MOTION TO SEAL
I, Zofia H. Rubens, an attorney duly admitted to practice before the courts of the State of New
York, hereby affirm the following under penalty of perjury:
1. I am an associate at Felicello & Melchionna LLP, counsel for Defendant TPG Sixth
Street Partners, LLC in the above-captioned action.
2. I am fully familiar with the facts and circumstances set forth herein by virtue of my
personal involvement in this action and a review of the case files.
3. I submit this Affirmation in support of Defendant’s Consented to Motion to Seal
certain documents filed in the above-captioned action.
4. On or about May 23, 2017, Honorable Eileen A. Rakower so-ordered the parties’
Stipulation and Order for the Production and Exchange of the Confidential Information (the
“Stipulation”). A true and accurate copy of the Stipulation is annexed hereto as Exhibit A.
5. On June 9, 2017, Plaintiff filed its Amended Complaint. See, NYSCEF Doc. No. 53.
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FILED: NEW YORK COUNTY CLERK 07/13/2017 05:13 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/13/2017
6. On July 10, 2017 Defendant filed its Answer to the Amended Complaint with
Counterclaim. See, NYSCEF Doc. No. 68.
7. Paragraph 12(a) of the Stipulation provides that a party who seeks to file with the Court
any document that have previously been designated as compromising or containing Confidential
Information or any pleading which reproduces, paraphrases or discloses Confidential Information
shall file such document or pleading on the NYSCEF system in redacted form until the Court renders
a decision on any motion to seal. See, Exhibit A.
8. Pursuant to paragraph 12(a) of the Stipulation, the Exhibits A through D to the Answer
to the Amended Complaint with the Counterclaim have been filed on the NYSCEF system in redacted
form. See, NYSCEF Doc. No. 69 through 72.
9. Paragraph 12(d) of the Stipulation provides that any party filing documents in redacted
form in accordance with paragraph 12, shall provide the other party and the Court with a complete
and unredacted version of the filing.
10. On July 10, 2017 Defendant provided the Court and the Plaintiff’s attorney with a
complete and unredacted version of its filing.
11. On July 10, 2017, I asked Plaintiff’s attorney whether she would consent to the motion
to seal exhibits to the Answer to the Amended Complaint with the Counterclaim. On July 11, 2017
Plaintiff’s attorney consented to Defendant’s motion to seal exhibits to its Amended Complaint with
the Counterclaim. A true and accurate copy of the email correspondence is annexed hereto as Exhibit
B.
12. The exhibits attached to the Answer to the Amended Complaint with the Counterclaim
contain competitively sensitive, confidential propriety business information concerning both Plaintiff
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NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/13/2017
and Defendant, not otherwise available to the general public information, disclosure of which could
be detrimental to the conduct of the parties’ business.
13. Exhibit A to the Answer to the Amended Complaint with the Counterclaim contains a
true and accurate copy of the Term Sheet. The Term Sheet provides that the parties shall maintain the
existence, nature and substance of the terms sheet, and alldiscussions relating thereto in strictest
confidence. Exhibits B and C to the Answer to the Amended Complaint with the Counterclaim
contain confidential email correspondence between Plaintiff, Defendant and a third-party concerning
the contemplated transaction and expenses. Exhibit D to the Answer to the Amended Complaint with
the Counterclaim contain invoices.
14. The sealing order for Exhibits A through D would preserve the confidentiality of the
documents concerning the internal confidential discussions relating to the parties’ transaction and
financial information that are of minimal public interest.
15. The parties’ interest in preserving the confidentiality of such information supersedes
the interest in maintaining a completely public docket.
16. No prior application has been made for the relief requested herein.
WHEREFORE, Defendant respectfully request that its Consented to Motion to Seal be
granted together with such other and further relief as this Court may deem just and proper.
Dated: New York, New York
July 13, 2017
/s/ Zofia H. Rubens
_______________________
Zofia H. Rubens
FELICELLO & MELCHIONNA LLP
1120 Avenue of the Americas, 4thFloor
New York, NY 10036
Tel. (212) 626-2616
Attorneys for Defendant TPG Sixth Street Partners,
LLC
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Document Filed Date
July 13, 2017
Case Filing Date
November 15, 2016
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 07/13/2017 05:13 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/13/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------- x : TROJAN MARITIME INC., : Index No.: 655978/2016 : Plaintiff, : Motion Seq. No. 004 : - against - : : : TPG SIXTH STREET PARTNERS, LLC, f/k/a : TPG SPECIAL SITUATIONS PARTNERS, LLC : : Defendant. ------------------------------------- x AFFIRMATION OF ATTORNEY ZOFIA H RUBENS SUBMITTED IN SUPPORT OF DEFENDANT’S CONSENTED TO MOTION TO SEAL I, Zofia H. Rubens, an attorney duly admitted to practice before the courts of the State of New York, hereby affirm the following under penalty of perjury: 1. I am an associate at Felicello & Melchionna LLP, counsel for Defendant TPG Sixth Street Partners, LLC in the above-captioned action. 2. I am fully familiar with the facts and circumstances set forth herein by virtue of my personal involvement in this action and a review of the case files. 3. I submit this Affirmation in support of Defendant’s Consented to Motion to Seal certain documents filed in the above-captioned action. 4. On or about May 23, 2017, Honorable Eileen A. Rakower so-ordered the parties’ Stipulation and Order for the Production and Exchange of the Confidential Information (the “Stipulation”). A true and accurate copy of the Stipulation is annexed hereto as Exhibit A. 5. On June 9, 2017, Plaintiff filed its Amended Complaint. See, NYSCEF Doc. No. 53. 1 1 of 3 FILED: NEW YORK COUNTY CLERK 07/13/2017 05:13 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/13/2017 6. On July 10, 2017 Defendant filed its Answer to the Amended Complaint with Counterclaim. See, NYSCEF Doc. No. 68. 7. Paragraph 12(a) of the Stipulation provides that a party who seeks to file with the Court any document that have previously been designated as compromising or containing Confidential Information or any pleading which reproduces, paraphrases or discloses Confidential Information shall file such document or pleading on the NYSCEF system in redacted form until the Court renders a decision on any motion to seal. See, Exhibit A. 8. Pursuant to paragraph 12(a) of the Stipulation, the Exhibits A through D to the Answer to the Amended Complaint with the Counterclaim have been filed on the NYSCEF system in redacted form. See, NYSCEF Doc. No. 69 through 72. 9. Paragraph 12(d) of the Stipulation provides that any party filing documents in redacted form in accordance with paragraph 12, shall provide the other party and the Court with a complete and unredacted version of the filing. 10. On July 10, 2017 Defendant provided the Court and the Plaintiff’s attorney with a complete and unredacted version of its filing. 11. On July 10, 2017, I asked Plaintiff’s attorney whether she would consent to the motion to seal exhibits to the Answer to the Amended Complaint with the Counterclaim. On July 11, 2017 Plaintiff’s attorney consented to Defendant’s motion to seal exhibits to its Amended Complaint with the Counterclaim. A true and accurate copy of the email correspondence is annexed hereto as Exhibit B. 12. The exhibits attached to the Answer to the Amended Complaint with the Counterclaim contain competitively sensitive, confidential propriety business information concerning both Plaintiff 2 2 of 3 FILED: NEW YORK COUNTY CLERK 07/13/2017 05:13 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 74 RECEIVED NYSCEF: 07/13/2017 and Defendant, not otherwise available to the general public information, disclosure of which could be detrimental to the conduct of the parties’ business. 13. Exhibit A to the Answer to the Amended Complaint with the Counterclaim contains a true and accurate copy of the Term Sheet. The Term Sheet provides that the parties shall maintain the existence, nature and substance of the terms sheet, and alldiscussions relating thereto in strictest confidence. Exhibits B and C to the Answer to the Amended Complaint with the Counterclaim contain confidential email correspondence between Plaintiff, Defendant and a third-party concerning the contemplated transaction and expenses. Exhibit D to the Answer to the Amended Complaint with the Counterclaim contain invoices. 14. The sealing order for Exhibits A through D would preserve the confidentiality of the documents concerning the internal confidential discussions relating to the parties’ transaction and financial information that are of minimal public interest. 15. The parties’ interest in preserving the confidentiality of such information supersedes the interest in maintaining a completely public docket. 16. No prior application has been made for the relief requested herein. WHEREFORE, Defendant respectfully request that its Consented to Motion to Seal be granted together with such other and further relief as this Court may deem just and proper. Dated: New York, New York July 13, 2017 /s/ Zofia H. Rubens _______________________ Zofia H. Rubens FELICELLO & MELCHIONNA LLP 1120 Avenue of the Americas, 4thFloor New York, NY 10036 Tel. (212) 626-2616 Attorneys for Defendant TPG Sixth Street Partners, LLC 3 3 of 3