SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(US)(ca5) 2

COURT OF APPEALS FOR THE FIFTH CIRCUIT
8fg – Appellant
Versus
Stepup Funny – Respondent



United States Court of Appeals for the Fifth Circuit ____________ United States Court of Appeals Fifth Circuit

FILED No. 23-50890 April 18, 2025 ____________ Lyle W. Cayce 8fig, Incorporated, Clerk

Plaintiff, Newsweek Digital, L.L.C.,

Intervenor—Appellee,

versus Stepup Funny, L.L.C., doing business as Stepup Funny, doing business as AA7 Days; Benlong Hall, L.L.C., doing business as Benlong; Calixo, L.L.C.; Ultimate Glam, L.L.C., doing business as Glamhiv; Rootstim, L.L.C., doing business as Overseas Jar; Spectra Hope, Incorporated, doing business as Stepeak, doing business as Beautieszilla; Tigris Venture, L.L.C., doing business as Venturelaze; Micro Universe, L.L.C., doing business as HuanXi; Great Commission University, Incorporated,

Defendants—Appellants. ______________________________

Appeal from the United States District Court for the Western District of Texas USDC No. 1:23-CV-943 ______________________________ Case: 23-50890 Document: 118-1 Page: 2 Date Filed: 04/18/2025

No. 23-50890

Before Elrod, Chief Judge, and Higginbotham and Southwick, Circuit Judges. Patrick E. Higginbotham, Circuit Judge: Newsweek Digital, LLC (“Newsweek”), a news platform, moved to intervene and unseal the judicial record. The district court granted the motion, and the Defendants appealed. I. A. 8fig, Incorporated (“8fig”) is a technology company that offers to purchase a set amount of projected revenue from e-commerce merchants in exchange for an up-front purchase price. The complaint alleges that 8fig entered into agreements with the Defendant-Appellants and deposited the purchase price to each Defendant-Appellant but that 8fig did not receive the required remittances in accordance with those agreements. Instead, the Defendant-Appellants transferred the funds to a religious movement, World Olivet Assembly (the “Assembly”), closed their bank accounts, and went out of business. 8fig filed this suit under 18 U.S.C. §§ 1964, 1962 and asserted various state and common law claims. In 2023, the parties filed a Joint Agreed Motion to Administratively Close and Seal Proceedings. As recounted by Newsweek: In the Motion to Seal, the litigants represented that “a settlement agreement is presently in place that will require some time to complete,” and asked the court to close the case and seal all documents “so that the parties may make an effort to resolve their dispute without interference from third-parties.” As support for their motion, they contended that “[t]he case contains confidential and proprietary information that could cause harm to the parties named herein if third-parties disseminate the documents in this case, and the parties are in agreement that the nature of the allegations and interest

2 Case: 23-50890 Document: 118-1 Page: 3 Date Filed: 04/18/2025

No. 23-50890

from third-party media sources rises to the level to need to seal the case until further notice.” The district court granted the Motion to Seal, and the case settled quickly—befo

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top