Opinion
21-cv-8101-DLC
09-30-2021
ZURU (SINGAPORE) PTE., LTD; ZURU LLC ZURU INC., Plaintiff, v. THE INDIVIDUALS, CORPORATIONS, LIMITED LIABILITY COMPANIES, PARTNERSHIPS, AND UNINCORPORATED ASSOCIATIONS IDENTIFIED ON SCHEDULE A TO THE COMPLAINT, Defendants.
COLE SCHOTZ P.C. MICHAEL R. YELLIN AND THOITS LAW ANDREW P. HOLLAND, ESQ. PRO HAC VICE APPLICATION FORTHCOMING ATTORNEYS FOR PLAINTIFFS, ZURU (SINGAPORE) PTE., LTD, ZURU LLC, AND ZURU INC.
COLE SCHOTZ P.C. MICHAEL R. YELLIN AND THOITS LAW ANDREW P. HOLLAND, ESQ. PRO HAC VICE APPLICATION FORTHCOMING ATTORNEYS FOR PLAINTIFFS, ZURU (SINGAPORE) PTE., LTD, ZURU LLC, AND ZURU INC.
PLAINTIFF'S MOTION TO SEAL
Plaintiffs ZURU (SINGAPORE) PTE., LTD, ZURU LLC, and ZURU INC. (collectively, "Plaintiffs") respectfully submit this application to file under seal the following documents associated with the above referenced action until the hearing on Plaintiffs Application for an Order to Show Cause Why a Preliminary Injunction Should Not Issue or further order of the Court:
(1) Plaintiffs Schedule A attached to the Complaint, which identifies and includes a list of Defendants' online marketplace websites (hereinafter the "Defendant Internet Stores") and the usernames for the Defendant Internet Stores, and
(2) screenshot printouts showing the active Defendant Internet Stores (Exhibit 2 to the Declaration of Stephen Drysdale).
Plaintiffs filed their public-record, version of the documents redacted and concurrently herewith has provisionally filed the documents electronically under seal.
In this action, Plaintiffs are requesting this ex parte relief based on claims for trademark counterfeiting and copyright infringement. Sealing this portion of the file is necessary to prevent the Defendants from learning of these proceedings prior to the entry of a temporary restraining order. If Defendants were to learn of these proceedings prematurely the likely result would be the destruction of relevant documentary evidence and the hiding or transferring of assets to foreign jurisdictions, which would frustrate the purpose of the underlying law and would interfere with this Court's power to grant relief. Once a temporary restraining order has been served on the relevant parties and the requested actions are taken, Plaintiffs will move to unseal this document.
Therefore, Plaintiffs respectfully request that the Court grants Plaintiffs leave to file its Schedule A attached to the Complaint and Exhibit 2 to the Declaration of Stephen Drysdale under seal. See, e.g., Wowwee Group Ltd. et al v. Meirly, et al, No. 1:18-cv-00706 Document # 7 (S.D.N.Y. Feb. 5, 2018) (granting application to seal); Allstar Marketing v. GB Housewear Store, et al. No. 1:17-cv-07596 Document #22 (S.D.N.Y. Oct. 12, 2017) (same); Spin Master Ltd. and Spin Master, Inc. v. Alan Yuan's Store, et al No. 1:17-cv-07422 Document #19 (S.D.N.Y. Oct. 13, 2017) (same); Kipling Apparel Corp. et al v. Rhys, et al No. 16-cv-990 Document #14 (S.D.N.Y. Feb. 17, 2016) (same).