Wenger S.A. v. OLIVET INTERNATIONAL INC.

Background

Olivet International, Inc. filed a letter motion asking to redact its memorandum of law supporting its motions in limine and Appendix A to that memorandum. Olivet represented that the memorandum contained confidential business information and references to documents that the court had previously allowed to be filed in redacted form or under seal. Olivet also stated that Appendix A contained Wenger S.A.’s confidential customer information, including customer names.

Parties’ positions

Olivet argued that court documents are generally presumed to be publicly accessible, but that a court may restrict access when doing so protects an important interest and the restriction is narrowly limited. It identified protection of confidential business information as the relevant interest. Olivet said the materials contained sensitive commercial information that was not otherwise publicly available and that disclosure could prejudice the parties by allowing competitors to obtain it.

Olivet requested permission to redact the memorandum wherever it contained confidential business information or information previously filed under seal or in redacted form. It separately requested permission to redact confidential customer information from Appendix A.

Ruling

The letter ends with the court’s notation “SO ORDERED,” followed by the signature of Arun Subramanian, U.S. District Judge, and the date May 29, 2024. The order therefore approved Olivet’s request to file the memorandum and Appendix A with the described redactions. The opinion text does not state that the entire documents were sealed or identify any additional restrictions on public access.