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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
ALBERTO JOSEPH SAFRA,
Plaintiff,
V.
Index No. 650710/2023
SNBNY HOLDINGS LIMITED,
CARLOS ALBERTO VIEIRA, Hon. Margaret A. Chan, J.S.C.
CARLOS CESAR BERTACO BOMFIM,
SIMONI PASSOS MORATO,
VICKY SAFRA,
JACOB JOSEPH SAFRA, AND
DAVID JOSEPH SAFRA,
Defendants.
NOTIFICATION FOR SEALING IN ELECTRONICALLY-FILED CASE
To: County Clerk, County of New York:
Ardis Strong, an attorney admitted to the Bar of the State of New York and counsel
for defendants SNBNY Holdings Limited, Carlos Alberto Vieira, Carlos Cesar Bertaco
Bomfim and Simoni Passos Morato in the above-captioned case, respectfully submits this
notification that an order of this court, a copy of which is annexed, requires that the
documents identified below be sealed. Unless the order directs the sealing of the entire case
file, each document to be sealed is identified below by its Document Type, Document
Number, and Date Filed as shown on the NYSCEF Document List.
Sealing of Entire File Ordered [Initial here] or
Sealing of the Document(s) Identified Below Ordered:
Document Type Document Number Date Filed
1) Memorandum of Law in Support of
Defendants’ Motion to Dismiss No . 89 6/26/2023
2) Affirm. of Vicky Safra No . 83 6/26/2023
3) Affirm. of David Joseph Safra No . 85 6/26/2023
4) Affirm. of Jacob Joseph Safra No . 87 6/26/2023
5) Ex. B to Porpora Affirm. No . 68 6/26/2023
As directed by the Order, the [ ] entire file / [5] document(s) indicated above shall not be
sealed as to:
[X] parties to the action [ X] counsel to parties to the action [ ] others (specify]:
Dated: 8/25/2023
Signature: /s/ Ardis Strong
Name: Ardis Strong
Firm Name: Debevoise & Plimpton LLP
Address: 66 Hudson Blvd
New York, NY 10001
INDEX NO. 650710/2023
(FILED: NEW YORK COUNTY CLERK 0872472023 04:30 PM
NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 08/21/2023
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. MARGARET A. CHAN PART 49M
Justice
Xx INDEX NO. 650710/2023
ALBERTO JOSEPH SAFRA, 06/28/2023
MOTION DATE
Plaintiff,
MOTION SEQ. NO. 004
-V-
SNBNY HOLDINGS LIMITED, CARLOS ALBERTO VIEIRA,
CARLOS CESAR BERTACO BOMFIM, SIMONI PASSOS DECISION + ORDER ON
MORATO, VICKY SAFRA, JACOB JOSEPH SAFRA, and
MOTION
DAVID JOSEPH SAFRA
Defendants.
Xx
The following e-filed documents, listed by NYSCEF document number (Motion 004) 91, 92, 93, 94, 95,
98
were read on this motion to/for SEAL
This action involves an inter-family dispute over ownership and governance
of defendant SNBNY Holdings Limited. Now defendants SNBNY Holdings Limited,
Carlos Alberto Vieira, Carlos Cesar Bertaco Bomfim, and Simoni Passos Morato
move by order to show cause to seal certain materials submitted in support of
defendants’ motion to dismiss the complaint (MS 005). Specifically, defendants seek
to seal (i) the unredacted version of defendants’ memorandum of law in support of
motion to dismiss (NYSCEF # 89), (ii) the unredacted version of the affirmations of
Vicky Safra, David Joseph Safra, and Jacob Joseph Safra, each dated June 26, 2023
(NYSCEF #'s 83, 85, 87), and (iii) Exhibit B to the Porpora affirmation, which is a
psychologist’s report about Joseph Yacoub Safra’s medical condition (NYSCEF #
68). There is no opposition to the motion.
In support of this motion, defendants argue that good cause exists to seal the
above documents to protect sensitive information regarding the medical condition of
non-party Joseph Yacoub Safra, the late father of plaintiff (see NYSCEF # 92, { 3).
Defendants explain that the information they seek to redact here is of the same type
as the information that plaintiff has redacted from the complaint, which this court
has permitted by an order dated April 25, 2023 (id., { 7; NYSCEF # 59).
Under New York law, there is a presumption that the public is entitled to
access to judicial proceedings and court records (Mosallem v Berenson, 76 AD3d
345, 348 [1st Dept 2010], citing Mancheski v Gabelli Group Capital Partners, 39
AD3d 499, 501 [2d Dept 2007]). The public’s right to access, however, is not absolute
(Danco Labs. v Chemical Works of Gedeon Richter, 274 AD2d 1, 8 [1st Dept 2000]),
650710/2023 SAFRA, ALBERTO JOSEPH vs. SNBNY HOLDINGS LIMITED ET AL Page 1 of 2
Motion No. 004
1 of 2
YORK Po I 042D INDEX NO 650710/2023
OUN JS
NYSCEF BOC. NO. 102 RECEIVED NYSCEF 08/21/2023
and a court is empowered to seal or redact court records pursuant to section 216.1
(a) of the Uniform Rules for Trial Courts upon a showing of “good cause” (22
NYCRR 216.1 [a]). At the same time, “[clonfidentiality is clearly the exception, not
the rule” (Matter of Hoffman, 284 AD2d 92, 93-94 [1st Dept 2001]), and the party
seeking to seal court records has the burden to demonstrate compelling
circumstances to justify restricting public access (Mancheski, 39 AD3d at 502). An
order sealing court documents on grounds of privacy is generally appropriates when
the records to be sealed impinge on the privacy rights of non-parties (see generally
id. at 502).
At this stage, the court finds good cause exists to seal as the information
sought to be redacted relates to sensitive medical information of a non-party.
Accordingly, it is
ORDERED that defendants’ motion to maintain under seal (i) the unredacted
defendants’ memorandum of law in support of motion to dismiss at NYSCEF Doc.
No. 89, (ii) the unredacted affirmations of Vicky Safra, David Joseph Safra, and
Jacob Joseph Safra at NYSCEF Doc. No. 83, 85, 87, and (iii) Exhibit B to the
Porpora affirmation at NYSCEF Doc. No. 68 is granted; and it is further
ORDERED that the Clerk of the Court is directed, upon service upon the
Clerk of a copy of this decision and order with notice of entry, to seal the unredacted
documents at NYSCEF Doc. No. 68, 83, 85, 87, 89; and it is further
ORDERED that thereafter, or until further order of the court, the Clerk of
the Court shall deny access to the unredacted version of these documents (NYSCEF
Doc. No. 68, 83, 85, 87, 89) to anyone (other than the staff of the Clerk or the court)
except for counsel of record for any party to this action, any party, and any
representative of the counsel of record for a party upon presentation to the County
Clerk of written authorization from said counsel and appropriate identification; and
it is further
ORDERED that service upon the Clerk of the Court shall be made in
accordance with the procedures set forth in the Protocol on Courthouse and County
Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on
the court’s website at the address www.nycourts.gov/supctmanh).
08/, (62023
DATE MARGARET A. CHARYJ.S.C.
‘CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED IN PART O OTHER
|x GRANTED C] DENIED
APPLICATION: SETTLE ORDER SUBMIT ORDER
||
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE
650710/2023 SAFRA, ALBERTO JOSEPH vs. SNBNY HOLDINGS LIMITED ET AL Page 2 of 2
Motion No. 004
2 of 2
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ALBERTO JOSEPH SAFRA, Plaintiff, V. Index No. 650710/2023 SNBNY HOLDINGS LIMITED, CARLOS ALBERTO VIEIRA, Hon. Margaret A. Chan, J.S.C. CARLOS CESAR BERTACO BOMFIM, SIMONI PASSOS MORATO, VICKY SAFRA, JACOB JOSEPH SAFRA, AND DAVID JOSEPH SAFRA, Defendants. NOTIFICATION FOR SEALING IN ELECTRONICALLY-FILED CASE To: County Clerk, County of New York: Ardis Strong, an attorney admitted to the Bar of the State of New York and counsel for defendants SNBNY Holdings Limited, Carlos Alberto Vieira, Carlos Cesar Bertaco Bomfim and Simoni Passos Morato in the above-captioned case, respectfully submits this notification that an order of this court, a copy of which is annexed, requires that the documents identified below be sealed. Unless the order directs the sealing of the entire case file, each document to be sealed is identified below by its Document Type, Document Number, and Date Filed as shown on the NYSCEF Document List. Sealing of Entire File Ordered [Initial here] or Sealing of the Document(s) Identified Below Ordered: Document Type Document Number Date Filed 1) Memorandum of Law in Support of Defendants’ Motion to Dismiss No . 89 6/26/2023 2) Affirm. of Vicky Safra No . 83 6/26/2023 3) Affirm. of David Joseph Safra No . 85 6/26/2023 4) Affirm. of Jacob Joseph Safra No . 87 6/26/2023 5) Ex. B to Porpora Affirm. No . 68 6/26/2023 As directed by the Order, the [ ] entire file / [5] document(s) indicated above shall not be sealed as to: [X] parties to the action [ X] counsel to parties to the action [ ] others (specify]: Dated: 8/25/2023 Signature: /s/ Ardis Strong Name: Ardis Strong Firm Name: Debevoise & Plimpton LLP Address: 66 Hudson Blvd New York, NY 10001 INDEX NO. 650710/2023 (FILED: NEW YORK COUNTY CLERK 0872472023 04:30 PM NYSCEF DOC. NO. 102 RECEIVED NYSCEF: 08/21/2023 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. MARGARET A. CHAN PART 49M Justice Xx INDEX NO. 650710/2023 ALBERTO JOSEPH SAFRA, 06/28/2023 MOTION DATE Plaintiff, MOTION SEQ. NO. 004 -V- SNBNY HOLDINGS LIMITED, CARLOS ALBERTO VIEIRA, CARLOS CESAR BERTACO BOMFIM, SIMONI PASSOS DECISION + ORDER ON MORATO, VICKY SAFRA, JACOB JOSEPH SAFRA, and MOTION DAVID JOSEPH SAFRA Defendants. Xx The following e-filed documents, listed by NYSCEF document number (Motion 004) 91, 92, 93, 94, 95, 98 were read on this motion to/for SEAL This action involves an inter-family dispute over ownership and governance of defendant SNBNY Holdings Limited. Now defendants SNBNY Holdings Limited, Carlos Alberto Vieira, Carlos Cesar Bertaco Bomfim, and Simoni Passos Morato move by order to show cause to seal certain materials submitted in support of defendants’ motion to dismiss the complaint (MS 005). Specifically, defendants seek to seal (i) the unredacted version of defendants’ memorandum of law in support of motion to dismiss (NYSCEF # 89), (ii) the unredacted version of the affirmations of Vicky Safra, David Joseph Safra, and Jacob Joseph Safra, each dated June 26, 2023 (NYSCEF #'s 83, 85, 87), and (iii) Exhibit B to the Porpora affirmation, which is a psychologist’s report about Joseph Yacoub Safra’s medical condition (NYSCEF # 68). There is no opposition to the motion. In support of this motion, defendants argue that good cause exists to seal the above documents to protect sensitive information regarding the medical condition of non-party Joseph Yacoub Safra, the late father of plaintiff (see NYSCEF # 92, { 3). Defendants explain that the information they seek to redact here is of the same type as the information that plaintiff has redacted from the complaint, which this court has permitted by an order dated April 25, 2023 (id., { 7; NYSCEF # 59). Under New York law, there is a presumption that the public is entitled to access to judicial proceedings and court records (Mosallem v Berenson, 76 AD3d 345, 348 [1st Dept 2010], citing Mancheski v Gabelli Group Capital Partners, 39 AD3d 499, 501 [2d Dept 2007]). The public’s right to access, however, is not absolute (Danco Labs. v Chemical Works of Gedeon Richter, 274 AD2d 1, 8 [1st Dept 2000]), 650710/2023 SAFRA, ALBERTO JOSEPH vs. SNBNY HOLDINGS LIMITED ET AL Page 1 of 2 Motion No. 004 1 of 2 YORK Po I 042D INDEX NO 650710/2023 OUN JS NYSCEF BOC. NO. 102 RECEIVED NYSCEF 08/21/2023 and a court is empowered to seal or redact court records pursuant to section 216.1 (a) of the Uniform Rules for Trial Courts upon a showing of “good cause” (22 NYCRR 216.1 [a]). At the same time, “[clonfidentiality is clearly the exception, not the rule” (Matter of Hoffman, 284 AD2d 92, 93-94 [1st Dept 2001]), and the party seeking to seal court records has the burden to demonstrate compelling circumstances to justify restricting public access (Mancheski, 39 AD3d at 502). An order sealing court documents on grounds of privacy is generally appropriates when the records to be sealed impinge on the privacy rights of non-parties (see generally id. at 502). At this stage, the court finds good cause exists to seal as the information sought to be redacted relates to sensitive medical information of a non-party. Accordingly, it is ORDERED that defendants’ motion to maintain under seal (i) the unredacted defendants’ memorandum of law in support of motion to dismiss at NYSCEF Doc. No. 89, (ii) the unredacted affirmations of Vicky Safra, David Joseph Safra, and Jacob Joseph Safra at NYSCEF Doc. No. 83, 85, 87, and (iii) Exhibit B to the Porpora affirmation at NYSCEF Doc. No. 68 is granted; and it is further ORDERED that the Clerk of the Court is directed, upon service upon the Clerk of a copy of this decision and order with notice of entry, to seal the unredacted documents at NYSCEF Doc. No. 68, 83, 85, 87, 89; and it is further ORDERED that thereafter, or until further order of the court, the Clerk of the Court shall deny access to the unredacted version of these documents (NYSCEF Doc. No. 68, 83, 85, 87, 89) to anyone (other than the staff of the Clerk or the court) except for counsel of record for any party to this action, any party, and any representative of the counsel of record for a party upon presentation to the County Clerk of written authorization from said counsel and appropriate identification; and it is further ORDERED that service upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the court’s website at the address www.nycourts.gov/supctmanh). 08/, (62023 DATE MARGARET A. CHARYJ.S.C. ‘CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION GRANTED IN PART O OTHER |x GRANTED C] DENIED APPLICATION: SETTLE ORDER SUBMIT ORDER || CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 650710/2023 SAFRA, ALBERTO JOSEPH vs. SNBNY HOLDINGS LIMITED ET AL Page 2 of 2 Motion No. 004 2 of 2