Excerpts from the docket filing.
“The Confidential KPMG Report and the Confidential Maximiliano Agreementwere produced in discovery by nonparties (KPMG and Maximiliano, respectively) in response to third-party subpoenas. Both documents were designated as confidential by those third parties.”
“The Confidential KPMG Report was created at the request of General American Capital Partners, the third-party funder in the transaction at issue in this litigation, at a cost in excess of $250,000. It contains sensitive financial and proprietary information in aid of due diligence review of Rontan. Circulation of the Confidential KPMG Report was limited to GACP, which shared the report only with GDSI. Public filing of the report would confer unwarranted and unfair advantage to other potential suitors and/or competitors of Rontan.”
“The Confidential Maximiliano Agreement is the subject of currently pending litigation in Brazil. Both Mr. Maximiliano and Defendant Rontan have designated the agreement as confidential. The original of the agreement is in Portuguese. The official translation by Precision Translating Services, Inc., was prepared at considerable cost to GDSI for purposes of this litigation only. Public filing of the report would confer unwarranted and unfair advantage to other potential suitors and/or competitors of Rontan.”
“Undersigned counsel has conferred with counsel for the Defendants, Carlos Osorio, who requested on his clients’ behalf that the Maximiliano Agreement be filed under seal.”
“William A. Isaacson, Esq” (just included this since there are some here who claim he is not involved in the litigation )
This is excellent information in favor of GDSIs position. Pretty much squashed the Rontan MSJs in a single filing.
I don’t think it’s enough to convince the court to move to grant GDSIs MSJ. But it’s enough to deny the MSJs filed by Rontan.
