Opinion
21 Civ. 07740 (JPC)(RWL)
09-29-2022
COVET & MANE, LLC, Plaintiff, v. INVISIBLE BEAD EXTENSIONS, LLC, Defendants.
BARTON LLP Attorneys for Plaintiff Covet & Mane, LLC
BARTON LLP
Attorneys for Plaintiff Covet & Mane, LLC
MOTION TO FILE DOCUMENT
UNDER SEAL
HON. ROBERTW. LEHRBURGER, UNITED STATES MAGISTRATE JUDGE
Pursuant to Rule B of the Rules for Redactions and Filing Under Seal in Appendix A of the Individual Practices in Civil Cases of Robert W. Lehrburger, United States Magistrate Judge, as of September 28, 2021, Plaintiff Covet & Mane, LLC (“Plaintiff” or “C&M”) hereby moves to file both (i) “Plaintiff Covet & Mane's Memorandum of Law in Support of Its Motion to Amend Its Complaint”, (ii) “Affirmation of Laura-Michelle Horgan in Support of Plaintiff Covet & Mane, LLC's Motion to File an Amended Complaint”, and (iii) “Plaintiff's Proposed Second Amendment Complaint” under seal.
The reason Plaintiff seeks to file its documents under seal is that Defendant Invisible Bead Extensions, LLC (“Defendant” or “IBE”) has designated the entirety of its document production on August 11, 2022, 8,358 pages of documents, Bates Nos. IBE0002637 - 10,995, as Attorney's Eyes Only pursuant to the So-Ordered Confidentiality Agreement, Filed on March 3, 2022, as ECF Doc. No. 48. Defendant has also designated the deposition of third-party witness, Cassadi Currier, and portions of the Fed.R.Civ.P. 30(b)(6) deposition of IBE, and the depositions of IBE's principals, Tyler Turley and McKenzie Turley, as Attorney's Eyes Only pursuant to the So-Ordered Confidentiality Agreement. Since the documents to be filed by Plaintiff summarizes certain documents and portions of testimony from these depositions that IBE has designated Attorney's Eyes Only, Plaintiff hereby requests to file these documents and transcripts under seal.
The motion to seal is denied without prejudice for two principal reasons. First, the Court is concerned that IBE may have been overbroad in its designation of material as confidential attorney's eyes only. Second, C&M has been overbroad in seeking to seal the entirety of its motion papers rather than properly redacting only the material designated as confidential. Accordingly, by October 6, 2022, IBE shall provide to C&M a letter identifying which specific material submitted as part of C&M's motion to amend IBE in good faith claims as confidential attorney's only or otherwise subject to sealing. IBE must provide a brief explanation for each such designation. By October 13, 2022, C&M shall refile public versions of its motion-to-amend papers that redact only the information specifically designated as confidential attorney's eyes only or otherwise qualifying for sealing under the governing protective order. This order does not alter the existing deadlines for IBE's opposition or C&M's reply for the motion to amend.
SO ORDERED: