In this action seeking, inter alia, damages for tortious interference with prospective business relations, the plaintiff moves to seal Exhibits 1 and 3-26 (NYSCEF Doc. Nos. 30, 32- 55) to the affirmation of David A. Paul in opposition to the defendant’s pending motion to dismiss (MOT SEQ 001), and to redact the plaintiff’s memorandum of law in opposition to said motion (NYSCEF Doc. No. 56).

The plaintiff has demonstrated that most of the subject exhibits it seeks to seal are: filings or exhibits from a prior confidential FINRA arbitration (NYSCEF Doc. Nos. 30, 32-37); documents and communications regarding the plaintiff’s business relationships with its clients, the disclosure of which could impinge on the privacy rights of third parties who are not litigants herein (NYSCEF Doc. Nos. 38-42, 49-53); or confidential employment agreements with former employees of the plaintiff (NYSCEF Doc. Nos. 43-48).

The motion is denied as to the remaining two exhibits (NYSCEF Doc. Nos. 54-55), which concern the termination of a client relationship but do not disclose any sensitive or proprietary information.

In determining whether good cause has been shown, the court shall consider the interests of the public as well as of the parties.” “[P]ublic access to court proceedings is strongly favored, both as a matter of constitutional law (Richmond Newspapers v Virginia, 448 U.S. 555 [1980]) and as a statutory imperative (Judiciary Law § 4).” Anonymous v Anonymous, 158 AD2d 296, 297 (1st Dept.

Accordingly, upon the foregoing documents, it is hereby ORDERED that the plaintiff’s motion to seal is granted, upon a finding of “good cause” as to NYSCEF Doc. Nos. 30 and 32-53, and the motion is otherwise denied; and it is further ORDERED that service upon the Clerk of the Court of this order 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); and it is further.

eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeweeeseeeeneenesx Upon reading and filing the Affirmation of David A. Paul, counsel for Plaintiff Cantor Fitzgerald & Co. (“Plaintiff”), dated June 25, 2024, and the accompanying Memorandum of Law, itis hereby:

ORDERED that Defendant PEI Global Partners Holdings LLC (“Defendant”), or its attomeys, appear before this Court at Commercial Division Part 61, Rousse ofthe Courthouse locatedat 60Centre Street, NewYork, NY, 10007 onthecalhoy of , 2024 atGpK o'clock &.m., or as soon thereafter as counsel can be heard, and there and&then show cause why an Order should not be issued permitting Sealing of Exhibits 1 and 3-26 to the Affirmation of David A. Paul in Support of Plaintiff's Opposition to Defendant’s Motion to Dismiss (NYSCEF Nos. 30, 32-55) and Plaintiff's Memorandum of Law in Support of Plaintiff's Opposition to Defendant’s Motion to Dismiss (NYSCEFNo.56) (collectively, the “Sealed Documents”).

Plaintiffs are directed to e-file a conformed copy of the signed order to show cause withthesiteentheNewYork State CourtsElectronic Filing System(“NYSCEF”) onorbeforethe Fhof

participating in e-f this case ofboth the signed order to show cause an the papers in support f 2024, which shall be deemed good and sufficient service on all parties thereof that were previously e-filed.

Restraiaiis.Ordershall be issued restricting the Sealed Documents to all except the parties, their * a ... , >,‘counsel and court personnel pending the hearing of this Order to Show Cause.

Upon reading and filing Fitzgerald & Co. ("Plaintiff"), the Affirmation of David A. Paul, dated June 25, 2024, and the accompanying Memorandumof Law, counsel for Plaintiff Cantor it is hereby: ORDEREDthat Defendant PEI Global attorneys, located app,ear before this Court at Commercial Division at 60 Centre Street, NewYork, NY, 10007 on the Partners Holdings LLC ("Defendant"), Part 61, Roo or its of the Courthouse ay of , 2024 at , o'clock 1.m., or as soon thereafter as counsel can be heard, and there an n show cause why an Order should not be issued permitting .. David A. Paul in Support of Plaintiff's Sealing of Exhibits to Defendant's Motion to Dismiss (NYSCEF 1 and 3-26 to the Affirmation of Opposition Memorandum of Law in Support of Plaintiff's Nos. 30, 32-55) and Plaintiff's Defendant's Motion to Dismiss (NYSCEFNo.

"# $%#&#' ,*-ÿ()*+.ÿ&/%&0%#&#' Sufficient cause being alleged, is hereby ORDEREDthat: it a conformed copy of the signed order Plaintiffs are directed to e-file

with the site of the NewYork State Courts Electronic FilingSystem ("NYSCEF") on or before the to show cause ay of 2024, which shall be deemed good and sufficient service on all parties participating in e- ling - this case ofboth the signed order to show cause an the papers in support thereof that were previously e-filed.

07/05/2024 Document: 64 - ORDER TO SHOW CAUSE Please note that the above referenced order/judgment has been entered in the office of the County Clerk.

Case Information Index #: 651268/2024 Caption: Cantor Ftizgerald & Co. v. PEI Global Partners Holdings LLC eFiling Status: Full Participation Recorded Assigned Case Judge: Nancy M. Bannon E-mail Service Notifications Sent Name

Upon reading and filing the Affirmation of David A. Paul, counsel for Plaintiff Cantor Fitzgerald & Co. (“Plaintiff”), dated June 25, 2024, and the accompanying Memorandum of Law, it is hereby:

ORDERED that Defendant PEI Global Partners Holdings LLC (“Defendant”), or its attorneys, appear before this Court at Commercial Division Part 61, Room 232 of the Courthouse located at 60 Centre Street, New York, NY, 10007 on the ___ day of _________, 2024 at ______ o’clock __.m., or as soon thereafter as counsel can be heard, and there and then show cause why an Order should not be issued permitting Sealing of Exhibits 1 and 3-26 to the Affirmation of David A. Paul in Support of Plaintiff’s Opposition to Defendant’s Motion to Dismiss (NYSCEF Nos. 30, 32-55) and Plaintiff’s Memorandum of Law in Support of Plaintiff’s Opposition to Defendant’s Motion to Dismiss (NYSCEF No. 56) (collectively, the “Sealed Documents”).

Plaintiffs are directed to e-file a conformed copy of the signed order to show cause with the site of the New York State Courts Electronic Filing System (“NYSCEF”) on or before the _____ day of ______, 2024, which shall be deemed good and sufficient service on all parties participating in e-filing in this case of both the signed order to show cause an the papers in support thereof that were previously e-filed.

Opposition papers, if any, shall be e-filed to the NYSCEF site by ________________.

Pending the hearing/argument of this Order to Show Cause, a Temporary Restraining Order shall be issued restricting the Sealed Documents to all except the parties, their counsel and court personnel pending the hearing of this Order to Show Cause.

WHEREAS, Defendant PEI Global Partners Holdings, LLC (“Defendant”) filed a Motion to Dismiss on May 10, 2024 (NYSCEF No. 6) (the “Motion”), with a return date of May 31, 2024, which was previously extended to June 26, 2024 (NYSCEF No. 28); WHEREAS, Plaintiff Cantor Fitzgerald & Co. (“Plaintiff”) and Defendant (collectively, the “Parties”) have conferred on extending the return date and briefing schedule for the Motion; IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys of record for the Parties as follows:

The Motion’s return date is extended to June 27, 2024; and Defendant’s reply papers shall be due by June 26, 2024.

Dated: New York, New York June 24, 2024

David A. Paul, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the truth of the following pursuant to CPLR § 2106:

Attached as Exhibit 3 is a true and correct copy of the Answer and Counterclaims filed on February 7, 2022 by Kevin Phillips, John Bills, Adil Sener, Schuyler Fabian, and Robert Kavanaugh in FINRA Arbitration Nos. 21-02792, 21-02793, 21-02794, 21-02795, 21-02796.

Attached as Exhibit 4 is a true and correct copy of Respondents’ September 13, 2022 Responses and Objections to Claimant Cantor Fitzgerald & Co.’s First Set of Requests for the Production of Documents and Information in FINRA Arbitration No. 22-0316.

Attached as Exhibit 20 is a true and correct copy of a signed engagement letter between Cantor Fitzgerald and Avenue Capital Management II, L.P., dated February 26, 2020.

Attached as Exhibit 25 is a true and correct copy of a notice of termination dated September 27, 2021 from Belltown Power Texas, LLC to Cantor Fitzgerald.