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Sept 24, 2013

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In Lawsuit For Bonuses From 2013 SDNY Judge Declines To Seal Citing 1st Amendment

By Matthew Russell Lee, Patreon, Thread III
The Source - XXL - The Root - etc

SDNY COURTHOUSE, Oct 29 –   Craig Franklin sued Compass Advisers and Stephen Waters for what he said were unpaid bonuses dating back to 2012.

   On October 29 U.S. District Court for the Southern District of New York Judge Alvin K. Hellerstein called it a mere "agreement to agree" and seemed surprised that, based on one of his ruling, Compass had recently paid Craig Franklin one of the bonuses.

     The October 25 19-page Order signed by Judge Hellerstein to his and his Chambers' credit denies a motion to seal, saying "'in order to overcome the First Amendment right of access,' the proponent of sealing judicial documents bears the burden of showing that 'closures is essential to preserve higher values and is narrowly tailored to serve that interest.'" Bernstein v. Bernstein Litowitz Berger & Grossman LLP, 814 F.3d 132, 144 (2d Cir. 2016).

      Inner City Press will be await further orders by Judge Hellerstein and others. This case is Franklin v. Waters, el al., 16-cv-9819 (Hellerstein).

  It's not over until it's over. The adage from baseball, and opera, was on display on October 4 in an oral argument between lawyers for Deutshce Bank Mexico Holdings S.a.r.l and Accendo Banco, S.A. before Judge Alvin K. Hellerstein of the U.S. District Court for the Southern District of New York.

    Accendo Banco had obtained a Mexican court injuction against Deutsche Bank selling its Mexican assets to anyone else; there is an ICC emergency arbitration set for argument next Tuesday with decision scheduled for October 14.

    Judge Hellerstein after hearing arguments from Simpson Thacher's Jonathan K. Youngblood for Deutshce Bank, then Quinn Emanuel's Marc Greenwald for Accendo, orally denied Deutsche Bank's petition to undo the Mexican court's injunction, saying it wasn't his place to get involved in another sovereign country's law.   But then after some apparently post-decision arguments from Deutsche Bank lawyer Youngblood, Judge Hellerstein abruptly left the bench and went into his robing room with his law clerks.   Emerging fifteen minutes later, Judge Hellerstein said he would reserve decision and issue a written ruling later. The he asked the parties if they both wanted him to not act until after the arbitrator does.

   Youngblood consulted with his client, four Deutshce Bank officials in the gallery otherwise empty but for Inner City Press, then returned with essentially an offer for Accendo or its counsel.

    Judge Hellerstein said that was a private conversation in which he did not want to be involved. He said he will rule in the normal course. Inner City Press will continue to cover this case. It is Deutsche Bank Mexico Holdings S.a.r.l. et al. v. and Accendo Banco, S.A., 19-cv-08692 (Hellerstein).


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