Case 1:18-cv-06840-GBD-JLC Document 123 Filed 10/19/18 Page 1 of 2
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`September 19, 2018
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`SENT VIA EMAIL
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`Honorable Magistrate Judge James L. Cott
`500 Pearl Street, Room 1360
`United States Courthouse
`New York, NY 10007
`Telephone: (212) 805-0250
`Facsimile: (212) 805-7990
`CottNYSDChambers@nysd.uscourts.gov
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`Re: SEUGNE BOTHA v. APPLE INC. ET AL 18-CV-6840 (GBD) (JLC)
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`Motion for Leave to File Under Seal and In Camera
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`Dear Judge Cott,
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`We represent plaintiff Seugne Botha (“Plaintiff” of Ms. Botha). We write to advise the Court that
`there was a recent breakdown in the relationship between our firm and Plaintiff, which we
`submit impairs our ability to continue to represent the Plaintiff in connection with this matter.
`Accordingly, we intend to file a motion seeking to be relieved as counsel for Plaintiff.
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`Because the basis for the motion includes sensitive information, we write to respectfully request
`that we be permitted to submit the motion under seal and in camera for the Court’s eyes only.
`This would cause no prejudice to Plaintiff or the public because, as will be set forth in the motion
`and supporting papers, the motion shall deal solely with the breakdown of our firm's relationship
`with our clients and will not address the substantive claims in this action. Caselaw in this Circuit
`supports a request for in camera review of such applications. “[I]t is appropriate for a court
`considering a counsel’s motion to withdraw to consider in camera submissions in order to
`prevent a party from being prejudiced by the application of counsel to withdraw.” See
`Weinberger v. Provident Life & Cas. Ins. Co., 1998 WL 898309, *l (S.D.N.Y. December 23,
`1998). “Documents in support of motions to withdraw as counsel are routinely filed under seal
`where necessary to preserve the confidentiality of the attorney-client relationship between a party
`and its counsel, and ... this method is viewed favorably by the courts.” See Thekkek v.
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`The Digital Business Law Group, P.A.
`3958 Talah Dr., Palm Harbor, FL 34684
`www.digitalbusinesslawgroup.com
`Phone: 800-516-7903  Fax: 800-257-9128
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`Case 1:18-cv-06840-GBD-JLC Document 123 Filed 10/19/18 Page 2 of 2
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`LaserSculpt, Inc., No. 11 CIV. 4426 HB JLC, 2012 WL 225924, at *3 (S.D.N.Y. Jan. 23, 2012)
`citing Team Obsolete Ltd. v. A.HR.MA. Ltd., 464 F.Supp.2d 164, 166 (E.D.N.Y.2006).
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`We also write to respectfully request that the motion be filed by email to the Court by
`this Friday, October 26, 2018 with a copy to Plaintiff only (“Motion”). As you know, Plaintiff
`lives in South Africa, we propose that the Court allow responsive papers to be served thirty
`days (30) after the receipt of our Motion. Although we believe that Ms. Botha will be
`checking emails, this extended briefing schedule will allow her to submit her response, if any,
`in due course and with ample time. This would also allow time for a substitution of counsel if
`Ms. Botha retains new counsel during this interim period.
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`We also request a sixty (60) day stay of any required signatures on the settlement
`agreement that Ms. Botha worked out with Defendants (except Musixmatch) in your
`settlement conference on September 28, 2018.
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`We are available at the Court's convenience to discuss this further.
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`Sincerely,
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`Carlos A. Leyva, Esq.
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`cc:
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`Botha, File
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`The Digital Business Law Group, P.A.
`3958 Talah Dr., Palm Harbor, FL 34684
`www.digitalbusinesslawgroup.com
`Phone: 800-516-7903  Fax: 800-257-9128
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