Opinion
CASE NO. 1:17-cv-01709-EPG
07-16-2020
E. & J. GALLO WINERY, et al., Plaintiffs, v. STRATEGIC MATERIALS, INC., Defendant.
ORDER GRANTING, IN PART, AND DENYING, IN PART, MOTIONS TO SEAL
In connection with their motions for summary judgment, motions to strike, and the various oppositions and replies thereto, Plaintiffs E. & J. Gallo Winery and Gallo Glass Company ("Gallo") and Defendant Strategic Materials, Inc. ("SMI") each filed notices to seal their filings. (ECF Nos. 98, 100, 105, 113, 116, 120, 123, 126). At various times, they also filed memoranda in support of the other party's sealing motions. (ECF Nos. 103, 104, 132, 133).
After the Court granted in part and denied in part without prejudice the motions, (ECF No. 135), the parties filed additional briefing concerning their sealing requests, (ECF Nos. 137, 138). Upon review of the materials, and for the reasons below, the Court GRANTS, IN PART, and DENIES, IN PART, the sealing requests. //
I. LEGAL STANDARDS
The Ninth Circuit has set forth substantial case law concerning sealing dispositive motions. Local Rule 141 provides additional standards for this district.
The parties appear to agree that the sealing requests are governed by the compelling-reason test for dispositive motions. !!
Under this stringent standard, a court may seal records only when it finds a compelling reason and articulates the factual basis for its ruling, without relying on hypothesis or conjecture. The court must then conscientiously balance the competing interests of the public and the party who seeks to keep certain judicial records secret. What constitutes a "compelling reason" is best left to the sound discretion of the trial court. Examples include when a court record might be used to gratify private spite or promote public scandal, to circulate libelous statements, or as sources of business information that might harm a litigant's competitive standing.Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096-97 (9th Cir. 2016) (alterations, internal quotation marks, and citations omitted).
Parties must also be specific when identifying the information that they seek to keep sealed. As the Ninth Circuit has explained when denying a request by the United States to seal documents: Although the United States identifies the redactions it seeks by page number and line number, it does not provide similarly specific compelling reasons to justify these redactions. Instead, the United States purports to justify each redaction by listing one of four general categories of privilege (privacy, law enforcement, confidential source, and ongoing investigation). Simply mentioning a general category of privilege, without any further elaboration or any specific linkage with the documents, does not satisfy the burden.Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1183-84 (9th Cir. 2006).
II. APPLICATION TO PARTIES' REQUESTS
In balancing the tests, the Court notes at the outset that it did not make any rulings based on the filings. Thus, the public's interest at issue in the compelling reasons balancing test carries less weight. To the extent the Court orders sealing, it has weighed the public's interest against the requesting party's interest.
A. FILINGS AT ECF NO. 99
The Court GRANTS Gallo's request to seal the following documents at ECF No. 99 for the noted compelling reasons:
| Document | ECF # | Compelling Reason |
|---|---|---|
| Declaration of AlexWestmoreland inSupport of Plaintiffs'Motion for PartialSummary Judgement | 99-2 | Paragraphs 2 and 3 of this Declaration contain data onGallo's scrap sales. As explained in Paragraph 4 of theDeclaration, this data on scrap sales is competitivelysensitive information, both with respect to the absolutevalues and trends it reveals regarding year-to-yearvariation in Gallo operations. Gallo keeps this informationconfidential. |
| Exhibit M (MajewskiDep. Tr.) | 99-8 | This testimony contains confidential and competitivelysensitive data on Gallo operations and productionnumbers. |
| Exhibit N (MundelloDep. Tr.) | 99-8 | This testimony contains confidential and competitivelysensitive data on Gallo operations and productionnumbers. |
| Plaintiffs and Counter-Defendants' Notice ofMotion and Motion forPartial SummaryJudgement on Issue of:Defendant's Claim forDamages Based onSection 19.0 of theSupply Agreement:Memorandum of Pointsand Authorities | 99 | Portions of the Points and Authorities, as noted by Gallo,submitted in support of its motion refer to the underlyingconfidential materials. |
| Plaintiffs' SeparateStatement of UndisputedFacts in Support ofMotion for PartialSummary Judgement | 99-1 | Portions of the Separate Statement of Undisputed MaterialFacts, as noted by Gallo, submitted in support of its motionrefer to underlying confidential materials. |
B. FILINGS AT ECF NO. 101
Gallo's request to seal the following documents at ECF No. 101 are granted for the compelling reasons set forth below.
| Document | ECF # | Compelling Reason |
|---|---|---|
| Exhibit 2 (Dep. Tr. DanArmagost) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo operations, recipes, and productionnumbers. |
| Exhibit 4 (Dep. Tr. NigelDart) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo operations, supplies, and vendors. |
| Exhibit 5 (Dep.Tr. NigelDart II) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo batch costs. |
| Exhibit 6 (Dep. Tr. JohnGallo) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo operations. |
| Exhibit 8 (Dep. Tr.Lance Lemmings) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo operations, recipes, and productionnumbers. |
| Exhibit 9 (Dep. Tr. JoeMajewski) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo tracking of complaints, recipes,operations, and production numbers. |
| Exhibit 10 (Dep. Tr.Mahesh Mistry) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo inspection methods and the Parties'business relationship. |
| Exhibit 11 (Dep. Tr.Chad Mundello) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo operations, recipes, and productionnumbers. |
| Exhibit 14 (Dep. Tr.James Rhodes) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo inspection methods and the Parties'confidential business relationships. |
| Exhibit 15 (Dep. Tr.Foung Thao) | 101-6 | This testimony contains confidential and competitivelysensitive data on Gallo inspection methods and cullethandling. |
| Exhibit 17 (DanielArmagost DEX 6) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo inspection methods and cullethandling. |
| Exhibit 18 (DanielArmagost DEX 7) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo inspection methods and cullethandling. |
| Exhibit 19 (DanielArmagost DEX 11) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo inspection methods and cullethandling. |
| Exhibit 20 (DanielArmgaost DEX 12) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo inspection methods and cullethandling. |
| Exhibit 24 (John GalloDEX 14) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations. |
| Exhibit 25 (John GalloDEX 21) | 101-6 | This document contains confidential and competitivelysensitive data on terms and conditions in the Parties'Supply Agreement. |
| Exhibit 27 (John GalloDEX 23) | 101-6 | This document contains confidential and competitivelysensitive data on the Parties' business relationship pursuantto the Supply Agreement. |
| Exhibit 29 (LanceLemmings DEX 12) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's inspection methods and culletquality criteria. |
| Exhibit 31 (LanceLemmings DEX 17) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 32 (LanceLemmings DEX 21) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 34 (JoeMajewski DEX 7) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 42 (ChadMundello DEX 5) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 43 ChadMundello DEX 7) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 55 (Steve NicolaiDEX 27) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's inspection methods and theParties' business relationship. |
| Exhibit 56 (Steve NicolaiDEX 29) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 58 (Steve NicolaiII DEX 20) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's costs and supplier relations. |
| Exhibit 59 (JamesRhodes DEX 3) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's inspection methods, operationsand cullet requirements. |
| Exhibit 60 (JamesRhodes DEX 9) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's inspection methods, operationsand cullet requirements. |
| Exhibit 61 (JamesRhodes DEX 12) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 62 (JamesRhodes DEX 13) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 63 (JamesRhodes DEX 14) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 64 (JamesRhodes DEX 16) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 65 (JamesRhodes DEX 17) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 66 (JamesRhodes DEX 19) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 67 (JamesRhodes DEX 20) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 68 (JamesRhodes DEX 11) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 69 (JamesRhodes DEX 21) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 70 (JamesRhodes DEX 23) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit 71 (Foung ThaoDEX 3) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's cullet inspection process. |
| Exhibit 72 (Foung ThaoDEX 4) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's cullet inspection process. |
| Exhibit 74 (Foung ThaoDEX 15) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's cullet inspection process. |
| Exhibit 75 (Foung ThaoDEX 31) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's cullet inspection process. |
| Exhibit 78 (Foung ThaoDEX 39) | 101-6 | This document contains confidential and competitivelysensitive data on Gallo's cullet inspection process and theParties' business relationship. |
| Exhibit 86 (Curt BuceyDEX 104) | 101-6 | This document contains confidential and competitivelysensitive data on the Parties' business relationship andSupply Agreement. |
| Exhibit 88(GALLO_00028882) | 101-6 | This document contains confidential and competitivelysensitive data on the Parties' business relationship andSupply Agreement. |
| Exhibit 89(GALLO 00006349) | 101-6 | This document contains confidential and competitivelysensitive data on the Parties' business relationship andSupply Agreement. |
| Exhibit 90(GALLO 00006370) | 101-6 | This document contains confidential and competitivelysensitive data on the Parties' business relationship andSupply Agreement. |
| Exhibit 98(GALLO 00010588-91) | 101-6 | This document contains confidential and competitivelysensitive data on the Parties' business relationship andSupply Agreement. |
C. FILINGS AT ECF NO. 114
Gallo's and SMI's requests to seal the following documents at ECF No. 114 are granted for the compelling reasons set forth below.
| Document | ECF # | Compelling Reason |
|---|---|---|
| Exhibit A (Dep. Tr.Steve Nicolai) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's suppliers and recipes. |
| Exhibit B (Dep. Tr.Bucey) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. This informationincludes the volumes, colors, and quality of cullet that SMI |
| provides Gallo, cullet prices, the manner in which theparties assess cullet quality, and how the parties conducttheir business negotiations. If made public, suchinformation could harm SMI's business relationships withcurrent or prospective customers. | ||
| Exhibit C (Dep. Tr.James Rhodes) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's operations and quality control. |
| Exhibit D (Dep. Tr.Lance Lemmings) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's operations and recipes. |
| Exhibit E (LanceLemmings DEX 13) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations. |
| Exhibit F (Dep. Tr.Foung Thao) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit G (Dep. Tr. DanArmagost) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit H (Dep. Tr.Chad Mundello) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's operations, recipes and supplyacquisition. |
| Exhibit I (Dep. Tr. PaulFaherty) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit J (draft SupplyAgreement) | 114-4 | This document contains confidential and competitivelysensitive data on the Parties' negotiation and draft of theSupply Agreement, which the Court has elsewhere allowedto be sealed in its final version. |
| Exhibit K (Dep. Tr. JohnGallo) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's operations and the Parties'business relationship. |
| Exhibit L (Dep. Tr.Brian Brown) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit M (Dep. Tr.Daniel Burkard) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit N (Dep. Tr.Jimmy Rayford) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit O (DEX JR-12) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit P (DEX JR-15) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit Q (DEX Bucey79) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit U (DEX JR-12) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit V (Dep. Tr.Dennis Hinson) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit W (Faherty DEX5) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit X (Faherty DEX6) | 114-4 | This testimony reveals confidential information regardingthe parties' relationship and SMI's business. |
| Exhibit Y (Faherty DEX7) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit Z (Faherty DEX8) | 114-4 | Confidential information regarding SMI's pricing,finances, material volumes, supply chain, and customers—the disclosure of which would severely harm SMI'scompetitive standing in the industry. |
| Exhibit AA (FahertyDEX 9) | 114-4 | This testimony reveals confidential information regardingthe parties' relationship and SMI's business. |
| Exhibit BB (MundelloDEX 1) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations and cullet storagecapacity. |
| Exhibit JJ (Foung ThaoDEX 9) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations and the Parties'business relationship. |
| Exhibit KK (ChadMundello DEX 4) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations, cullet quality, and theParties' business relationship. |
| Exhibit MM (LanceLemmings DEX 1) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's batch costs. |
| Exhibit UU (Dep. Tr.Steve Nicolai II) | 114-4 | This testimony contains confidential and competitivelysensitive data on Gallo's costs and operations. |
| Exhibit VV (SteveNicolai II DEX 38) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's 2015 Annual Operating Plan. |
| Exhibit WW (SteveNicolai DEX 29) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations and culletrequirements. |
| Exhibit XX (SteveNicolai DEX 15) | 114-4 | This document contains confidential and competitivelysensitive data on the Parties' Supply Agreement, culletpricing and other elements of their business relationship. |
| Exhibit YY (SteveNicolai DEX 18) | 114-4 | This document contains confidential and competitivelysensitive data on the Parties' Supply Agreement, culletpricing and other elements of their business relationship. |
| Exhibit III (Bucey DEX78) | 114-4 | This document contains confidential and competitivelysensitive data on the Parties' Supply Agreement, culletpricing and other elements of their business relationship. |
| Exhibit LLL (BuceyDEX 109) | 114-4 | This document contains confidential and competitivelysensitive data on the Parties' Supply Agreement, culletpricing and other elements of their business relationship. |
| Exhibit MMM (JoeMajewski DEX 17) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations and storage facilities. |
| Exhibit OOO (DEX 15) | 114-4 | This document contains confidential and competitivelysensitive data on Gallo's operations and quality controlmethods. |
| Exhibit VVV (BuceyDEX 59) | 114-4 | This document contains confidential and competitivelysensitive draft of the Parties' Supply Agreement which theCourt has previously allowed to be sealed in its final form.It also contains confidential information about SMI'sbusiness. |
| Exhibit AAAA (DEX27) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Exhibit BBBB (DEX 34) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Exhibit CCCC (DEX 16) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Exhibit EEEE(Lemmings DEX 21) | 114-4 | This document contains confidential and competitivelysensitive information on Gallo's operations and culletusage. In addition, disclosure would severely harm SMI'scompetitive standing because the exhibit includes |
| information regarding SMI's pricing, finances, materialvolumes, supply chains, and customers. | ||
| Exhibit IIII (DEX 18) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Exhibit JJJJ (DEX 22) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Exhibit KKKK (DEX46) | 114-4 | This document contains confidential and competitivelysensitive information on Gallo's operations and culletsupplies. In addition, disclosure would severely harmSMI's competitive standing because the exhibit includesinformation regarding SMI's pricing, finances, materialvolumes, supply chains, and customers. |
| Exhibit MMMM (BuceyDEX 82) | 114-4 | This document contains confidential and competitivelysensitive information related to pricing under the Parties'Supply Agreement and other aspects of their businessrelationship. In addition, disclosure would severely harmSMI's competitive standing because the exhibit includesinformation regarding SMI's pricing, finances, materialvolumes, supply chains, and customers. |
| Exhibit NNNN(Majewski Dep. Tr.) | 114-4 | This testimony contains confidential and competitivelysensitive information related to Gallo's operations andrecipes. |
| Exhibit OOOO (JohnGallo DEX 12) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Exhibit PPPP (DEX 48) | 114-4 | This document contains confidential and competitivelysensitive meeting minutes from the Parties' QuarterlyBusiness Review. In addition, disclosure would severelyharm SMI's competitive standing because the exhibitincludes information regarding SMI's pricing, finances,material volumes, supply chains, and customers. |
| Plaintiff's Points andAuthorities inOpposition to DefendantStrategic Materials,Inc.'s Motion for | 114 | Portions of the Points and Authorities submitted in supportof its opposition refer to the above underlying confidentialmaterials. |
| Summary Judgement | ||
| Plaintiff's Response toDefendants' Statementof Undisputed Facts inSupport of Motion forSummary Judgement | 114-2 | Portions of the Response to SMI's Separate Statement ofUndisputed Material Facts refer to the above underlyingconfidential materials. |
In addition to the foregoing, disclosure of the following exhibits to ECF No. 114-4 would severely harm SMI's competitive standing because they include information regarding SMI's pricing, finances, material volumes, supply chains, and customers:
| Exhibit BB | Exhibit PP | Exhibit III | Exhibit UUU |
| Exhibit CC | Exhibit QQ | Exhibit JJJ | Exhibit WWW |
| Exhibit DD | Exhibit RR | Exhibit KKK | Exhibit XXX |
| Exhibit EE | Exhibit SS | Exhibit LLL | Exhibit YYY |
| Exhibit FF | Exhibit TT | Exhibit NNN | Exhibit AAAA |
| Exhibit GG | Exhibit ZZ | Exhibit OOO | Exhibit BBBB |
| Exhibit HH | Exhibit DDD | Exhibit PPP | Exhibit DDDD |
| Exhibit II | Exhibit EEE | Exhibit QQQ | Exhibit GGGG |
| Exhibit LL | Exhibit FFF | Exhibit RRR | Exhibit HHHH |
| Exhibit NN | Exhibit GGG | Exhibit SSS | Exhibit LLLL |
| Exhibit OO | Exhibit HHH | Exhibit TTT |
The following exhibits to ECF No. 114-4 contain confidential information about SMI's short and long-term business plans and strategies that could be misappropriated by competitors if made public. Therefore, there is a compelling reason to seal them:
| Exhibit B | Exhibit DD | Exhibit II |
| Exhibit I | Exhibit EE | Exhibit TT |
| Exhibit N | Exhibit FF | Exhibit AAA |
| Exhibit U | Exhibit GG | Exhibit CCC |
| Exhibit CC | Exhibit HH |
The following exhibits to ECF No. 114-4 contain confidential information about the business relationship between the parties. This information includes the volumes, colors, and quality of cullet that SMI provides Gallo, cullet prices, the manner in which the parties assess cullet quality, and how the parties conduct their business negotiations. If made public, such information could harm SMI's business relationships with current or prospective customers:
| Exhibit B | Exhibit SS | Exhibit XXX |
| Exhibit I | Exhibit ZZ | Exhibit YYY |
| Exhibit L | Exhibit BBB | Exhibit AAAA |
| Exhibit M | Exhibit DDD | Exhibit BBBB |
| Exhibit N | Exhibit EEE | Exhibit CCCC |
| Exhibit O | Exhibit FFF | Exhibit DDDD |
| Exhibit P | Exhibit GGG | Exhibit EEEE |
| Exhibit Q | Exhibit HHH | Exhibit FFFF |
| Exhibit U | Exhibit III | Exhibit GGGG |
| Exhibit W | Exhibit JJJ | Exhibit HHHH |
| Exhibit Y | Exhibit KKK | Exhibit IIII |
| Exhibit BB | Exhibit LLL | Exhibit JJJJ |
| Exhibit LL | Exhibit NNN | Exhibit KKKK |
| Exhibit NN | Exhibit RRR | Exhibit LLLL |
| Exhibit OO | Exhibit SSS | Exhibit MMMM |
| Exhibit PP | Exhibit TTT | Exhibit OOOO |
| Exhibit QQ | Exhibit UUU | Exhibit PPPP |
| Exhibit RR | Exhibit WWW |
D. FILINGS AT ECF NO. 117
Gallo's request to seal the following documents at ECF No. 117 are granted for the compelling reasons set forth below.
| Document | ECF # | Compelling Reason |
|---|---|---|
| Exhibit 2 (Dep. Tr,Lance Lemmings) | 117-3 | This testimony contains confidential and competitivelysensitive information regarding Gallo's operations, recipesand bottle colors. |
| Exhibit 3 (Dep. Tr.Daniel Armagost) | 117-3 | This testimony contains confidential and competitivelysensitive information regarding Gallo's operations, recipesand bottle colors. |
| Exhibit 8 (Dep. Tr. NigelDart) | 117-3 | This testimony contains confidential and competitivelysensitive information regarding Gallo's operations, scrapgeneration, and suppliers. |
| Exhibit 10 (Dep. Tr.Nigel Dart) | 117-3 | This document contains confidential and competitivelysensitive information from the Parties' Quarterly BusinessReview. |
| Exhibit 15 (Perez DEX7) | 117-3 | This document contains confidential and competitivelysensitive information regarding the Parties' strategicbusiness relationship. |
| Exhibit 20 (Dep. Tr,John Gallo) | 117-3 | This testimony contains confidential and competitivelysensitive information about the Parties' Supply Agreementand business relations. |
| Exhibit 23 (Dep. Tr.Chad Mundello) | 117-3 | This testimony contains confidential and competitivelysensitive information about Gallo's operations andefficiencies. |
| Exhibit 24 (Dep. Tr. JoeMajewksi) | 117-3 | This testimony contains confidential and competitivelysensitive information about Gallo's operations andefficiencies. |
| Exhibit 25 (Dep. Tr.Steve Nicolai) | 117-3 | This testimony contains confidential and competitivelysensitive information about Gallo's operations andefficiencies. |
| Exhibit 27 (Dep. Tr.Nigel Dart) | 117-3 | This testimony contains confidential and competitivelysensitive information about Gallo's market for transitionglass bottles. |
| Exhibit 28 (Nigel DartDEX 3) | 117-3 | This document contains confidential and competitivelysensitive information about Gallo's operations and culletsupplies. |
| Exhibit 29 (SupplierSymposium) | 117-3 | This document contains confidential and competitivelysensitive information about the Parties' businessrelationship. |
Neither party has provided an argument as to why Exhibit 33 of ECF No. 117-3 should remain sealed. Therefore, the Court will order that exhibit unsealed.
E. FILINGS AT ECF NO. 124
SMI seeks to (1) redact portions of its reply in support of its motion for summary judgment and (2) redact portions of its reply to Gallo's responses to SMI's statement of undisputed facts. (ECF Nos. 124, 124-2).
With respect to ECF No. 124, the portions SMI seeks to redact are (1) quotations from or information about the parties' supply agreement that the Court has already otherwise sealed, (2) cullet volume amounts, and (3) other confidential terms from the supply agreement. SMI has shown a compelling reason to seal these.
With respect to ECF No. 124-2, SMI seeks to redact portions that directly quote or paraphrase confidential documents. The documents at issue are ones the Court already has, or currently is, finding are sealable under the compelling reasons test. For the same reasons as those documents are sealable, so too are the redacted portions of ECF No. 124-2.
Therefore, the Court grants SMI's request to permanently redact portions of ECF Nos. 124 and 124-2.
F. FILINGS AT ECF NO. 127
Gallo's request to seal the following documents at ECF No. 127 are granted for the compelling reasons set forth below.
| Document | ECF # | Compelling Reason |
|---|---|---|
| Exhibit B (VariousDeposition Excerpts re:Batch) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's use of batch materialsand related costs. |
| Exhibit C (Dep. Tr.Joseph Majewski) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations. |
| Exhibit D (Dep. Tr.Nigel Dart) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations. |
| Exhibit F (Dep. Tr. ChadMundello) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations and recipes. |
| Exhibit G (Dep. Tr.Lance Lemmings) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations and recipes. |
| Exhibit H (Dep. Tr. DanArmagost) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations and recipes. |
| Exhibit I (Dep. Tr.Joseph Majewski) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations and recipes. |
| Exhibit L (Dep. Tr.James Rhodes) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's operations and storagefacilities. |
| Exhibit M (Dep. Tr.Steve Nicolai) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's costs and strategies. |
| Exhibit N (Dep. Tr.Steve Nicolai II) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's batch costs andsuppliers. |
| Exhibit O (Dep. Tr. AlexWestmoreland) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's batch costs. |
| Exhibit P (Dep. Tr.Stuart Harden) | 127-2 | This testimony contains confidential and competitivelysensitive information about Gallo's batch costs. |
G. FILINGS AT ECF NO. 128
Gallo's request to seal the following documents at ECF No. 128 are granted for the compelling reasons set forth below.
| Document | ECF # | Compelling Reason |
|---|---|---|
| Exhibit A (HardenReport) | 128-2 | This document contains confidential and competitivelysensitive information about the Parties' businessrelationship, cullet prices and Gallo's cullet purchasesunder the Supply Agreement. |
| Exhibit E (Dep. Tr.Steve Nicolai) | 128-2 | This testimony contains confidential and competitivelysensitive information about Gallo's cullet purchases andoperations. |
| Exhibit F (Dep. Tr. ChadMundello) | 128-2 | This testimony contains confidential and competitivelysensitive information about the Parties' businessrelationship. |
H. FILINGS AT ECF NO. 131
The Court has sealed various exhibits to this filing. (ECF No. 136 at 14). SMI has now argued that the Court should also permanently redact portions of its brief. (ECF No. 13 at 6). The Court GRANTS SMI's request to permanently redact portions of pages 12 and 13 that refer to the exhibits previously sealed.
III. CONCLUSION AND ORDERS
Other than as noted below, the Court grants all sealing requests. Such documents may be accessed only by the parties, their litigation counsel, and the Court.
Exhibit 33 of ECF No. 117-3 shall no longer be sealed. Within 14 days, SMI shall re-file ECF No. 117-3. Such filing shall include Exhibit 33 in full. IT IS SO ORDERED.
Dated: July 16 , 2020
/s/_________
UNITED STATES MAGISTRATE JUDGE