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.
Preview
FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
TROJAN MARITIME INC.,
Plaintiff,
- against - INDEX NO.: 655978/2016
TPG SIXTH STREET PARTNERS, LLC, f/lda
TPG SPECIAL SITUATIONS PARTNERS,
LLC
Mot. Seq. No. 7
Defendant.
AFFIRMATION OF ATTORNEY ANNE C. LEVASSEUR SUBMITTED IN SUPPORT
OF PLAINTIFF'S CONSENTED TO MOTION TO SEAL
I,Anne C. LeVasseur, an attorney duly admitted to practice before the courts of the State
of New York, affirm the following under penalty of perjury:
1. I am an attorney in the law firm of Lennon, Murphy & Phillips, LLC, counsel for
("Trojan"
the Plaintiff, Trojan Maritime Inc. ("Trojan"), and as such am fully familiar with the facts and
circumstances of this action.
2. I submit this Affirmation in support of Trojan's Consented to Motion to Seal certain
documents filed in the above-captioned action.
parties'
3. On or about May 23, 2017, Honorable Eileen A. Rakower so-ordered the
Stipulation and Order for the Production and Exchange of Confidential Information (the
"Stipulation"
"Stipulation"). A true and accurate copy of the Stipulation is annexed hereto as Exhibit A.
4. On December 1, 2017, Defendant filed its Motion for Summary Judgment.
[NYSCEF Does. 82 through 95].
5. On March 9, 2018, Plaintiff filed itspapers in opposition to Defendant's Motion
for Summary Judgment [NYSCEF Docs. 120 through 124].
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FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018
6. Paragraph 12(a) of the Stipulation provides that a party who seeks to file with the
Court any documents that have previously been designed as compromising or containing
Confidential Information shall file such documents on the NYSCEF system in redacted form until
the Court renders a decision on a motion to seal. See Exhibit A.
7. Pursuant to Paragraph 12(a) of the Stipulation, Exhibit 1 to the Affidavit of Anne
C. LeVasseur submitted in opposition to Defendant's Motion for Summary Judgment was filed on
the NYSCEF system in redacted form. [NYSCEF Doc. 124.]
8. 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.
9. Counsel for Trojan provided counsel for Defendant with a complete and unredacted
version of the filing. Trojan will provide the Court with a complete and unredacted version of the
filing under separate cover.
10. Counsel for Trojan has conferred with Counsel for Defendant who consents to this
motion to seal. See a true and accurate copy of the email correspondence between counsel is
attached hereto as Exhibit B.
11. Exhibit 1 to the Affirmation of Anne C. LeVasseur contains competitively
sensitive, confidential propriety business information concerning both Plaintiff and Defendant, not
otherwise available to the general public information, disclosure of which could be detrimental to
parties'
the conduct of the business.
12. Exhibit 1 to the Affirmation of Anne C. LeVasseur is a complete an accurate copy
of the Deposition Transcript of non-party Michael Kirk. Filed along with this transcript are ten
Exhibits which were marked at Mr. Kirk's Deposition, including Exhibit 3, which is a true and
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FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018
accurate copy of the Term Sheet agreed to by the parties. The Term Sheet provides that the parties
shall maintain the existence, nature and substance of the term sheet, and all discussions relating
thereto, in strictest confidence. Exhibit 1 to the Affidavit of Anne C. LeVasseur (and all exhibits
attached thereto) contain confidential correspondences and information exchanged between the
parties and other non-parties concerning the transaction which is the subject of this lawsuit.
13. Mr. Kirk was provided with a copy of the Stipulation in advance of his deposition
testimony and agreed to comply with all provisions contained in the Stipulation. See Mr. Kirk's
executed Agreement with Respect to Confidential Information attached hereto as Exhibit C.
14. A sealing order for Exhibit 1 to the Affidavit of Anne C. LeVasseur will preserve
parties'
the confidentiality of the documents concerning the confidential discussions relating to the
Transaction and financial and proprietary information that are of minimal public interest.
parties'
15. The 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, the Plaintiff respectfully requests that it 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
March 12, 2018
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FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018
The Plaintiff,
TROJAN MARITIME INC.
By: /S/ Anne C. LeVasseur
Anne C. LeVasseur
Patrick F. Lennon
LENNON MURPHY& PHILLIPS LLC
The GrayBar Building
420 Lexington Avenue, Suite 300
New York, NY 10170
(212) 490-6050
(212) 490-6070 fax
pfl@lmplaw.net
acl@lmplaw.net
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Document Filed Date
March 12, 2018
Case Filing Date
November 15, 2016
Category
Commercial - Contract
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FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK TROJAN MARITIME INC., Plaintiff, - against - INDEX NO.: 655978/2016 TPG SIXTH STREET PARTNERS, LLC, f/lda TPG SPECIAL SITUATIONS PARTNERS, LLC Mot. Seq. No. 7 Defendant. AFFIRMATION OF ATTORNEY ANNE C. LEVASSEUR SUBMITTED IN SUPPORT OF PLAINTIFF'S CONSENTED TO MOTION TO SEAL I,Anne C. LeVasseur, an attorney duly admitted to practice before the courts of the State of New York, affirm the following under penalty of perjury: 1. I am an attorney in the law firm of Lennon, Murphy & Phillips, LLC, counsel for ("Trojan" the Plaintiff, Trojan Maritime Inc. ("Trojan"), and as such am fully familiar with the facts and circumstances of this action. 2. I submit this Affirmation in support of Trojan's Consented to Motion to Seal certain documents filed in the above-captioned action. parties' 3. On or about May 23, 2017, Honorable Eileen A. Rakower so-ordered the Stipulation and Order for the Production and Exchange of Confidential Information (the "Stipulation" "Stipulation"). A true and accurate copy of the Stipulation is annexed hereto as Exhibit A. 4. On December 1, 2017, Defendant filed its Motion for Summary Judgment. [NYSCEF Does. 82 through 95]. 5. On March 9, 2018, Plaintiff filed itspapers in opposition to Defendant's Motion for Summary Judgment [NYSCEF Docs. 120 through 124]. 1 of 4 FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018 6. Paragraph 12(a) of the Stipulation provides that a party who seeks to file with the Court any documents that have previously been designed as compromising or containing Confidential Information shall file such documents on the NYSCEF system in redacted form until the Court renders a decision on a motion to seal. See Exhibit A. 7. Pursuant to Paragraph 12(a) of the Stipulation, Exhibit 1 to the Affidavit of Anne C. LeVasseur submitted in opposition to Defendant's Motion for Summary Judgment was filed on the NYSCEF system in redacted form. [NYSCEF Doc. 124.] 8. 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. 9. Counsel for Trojan provided counsel for Defendant with a complete and unredacted version of the filing. Trojan will provide the Court with a complete and unredacted version of the filing under separate cover. 10. Counsel for Trojan has conferred with Counsel for Defendant who consents to this motion to seal. See a true and accurate copy of the email correspondence between counsel is attached hereto as Exhibit B. 11. Exhibit 1 to the Affirmation of Anne C. LeVasseur contains competitively sensitive, confidential propriety business information concerning both Plaintiff and Defendant, not otherwise available to the general public information, disclosure of which could be detrimental to parties' the conduct of the business. 12. Exhibit 1 to the Affirmation of Anne C. LeVasseur is a complete an accurate copy of the Deposition Transcript of non-party Michael Kirk. Filed along with this transcript are ten Exhibits which were marked at Mr. Kirk's Deposition, including Exhibit 3, which is a true and 2 2 of 4 FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018 accurate copy of the Term Sheet agreed to by the parties. The Term Sheet provides that the parties shall maintain the existence, nature and substance of the term sheet, and all discussions relating thereto, in strictest confidence. Exhibit 1 to the Affidavit of Anne C. LeVasseur (and all exhibits attached thereto) contain confidential correspondences and information exchanged between the parties and other non-parties concerning the transaction which is the subject of this lawsuit. 13. Mr. Kirk was provided with a copy of the Stipulation in advance of his deposition testimony and agreed to comply with all provisions contained in the Stipulation. See Mr. Kirk's executed Agreement with Respect to Confidential Information attached hereto as Exhibit C. 14. A sealing order for Exhibit 1 to the Affidavit of Anne C. LeVasseur will preserve parties' the confidentiality of the documents concerning the confidential discussions relating to the Transaction and financial and proprietary information that are of minimal public interest. parties' 15. The 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, the Plaintiff respectfully requests that it 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 March 12, 2018 3 3 of 4 FILED: NEW YORK COUNTY CLERK 03/12/2018 03:07 PM INDEX NO. 655978/2016 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 03/12/2018 The Plaintiff, TROJAN MARITIME INC. By: /S/ Anne C. LeVasseur Anne C. LeVasseur Patrick F. Lennon LENNON MURPHY& PHILLIPS LLC The GrayBar Building 420 Lexington Avenue, Suite 300 New York, NY 10170 (212) 490-6050 (212) 490-6070 fax pfl@lmplaw.net acl@lmplaw.net 4 4 of 4