Wenger S.A. v. OLIVET INTERNATIONAL INC.
- Subramanian
- 1:20-cv-01107
- U.S. District Court · Southern District of New York
- 2
In Wenger S.A. v. Olivet International, Inc., Judge Subramanian ordered confidential exhibits sealed and three opposition filings redacted to protect business information.
Wenger S.A., Olivet International, Inc., former defendant SwissTech’s IP Co., LLC, and members of the public seeking access to the identified court filings.
What happened
In Wenger S.A. v. Olivet International, Inc., Wenger asked to file certain materials under seal and to redact confidential information from documents opposing Olivet’s motions for summary judgment and to amend its answer.
Wenger identified two exhibits for sealing: a confidential settlement agreement with former defendant SwissTech and an updated supplemental expert report containing Olivet’s financial information. Wenger also asked to redact its legal memorandum, its response to Olivet’s statement of facts, and a declaration because those documents referred to the same sensitive business information.
Judge Arun Subramanian entered the requested order, allowing Exhibits B and C to be filed under seal and allowing the three other documents to be filed with the proposed redactions. The order concerned protection of confidential business information and did not decide the parties’ summary-judgment or amendment disputes.
The detailed version
- Wenger S.A. v. OLIVET INTERNATIONAL INC. · No. 1:20-cv-01107
- Subramanian
- May 29, 2024
Background
Wenger, the plaintiff, submitted a letter motion seeking permission to seal and redact materials filed in opposition to Olivet’s motion for summary judgment and motion for leave to amend its answer. The letter identified the action as Case No. 20-cv-01107 (AS) in the Southern District of New York.
Materials at Issue
Wenger asked to file two exhibits under seal:
1. Exhibit B, a confidential settlement agreement and mutual release between SwissTech and Wenger, effective September 22, 2023; and 2. Exhibit C, an updated supplemental expert report and disclosure of Basil Imburgia, dated May 17, 2024.
According to Wenger’s letter, Exhibit B contained highly confidential and sensitive business information belonging to Wenger and former defendant SwissTech’s IP Co., LLC. Exhibit C contained Olivet’s highly confidential financial information, including revenues and profits.
Wenger also asked to redact references to the same information from three filings: its memorandum of law, its opposition to Olivet’s Rule 56.1 statement and additional material facts, and the declaration of David I. Greenbaum. Wenger described the requested redactions as limited to commercially sensitive business information. The letter stated that the court had previously granted Olivet’s motion to seal Exhibits B and C.
Ruling
The court entered the requested sealing and redaction order. Exhibits B and C could be filed under seal, and documents (1), (2), and (3) could be filed with the proposed redactions. The opinion consists of Wenger’s letter motion followed by “SO ORDERED” and Judge Arun Subramanian’s signature and date. This ruling addressed document sealing and redaction; it did not resolve the underlying summary-judgment motion or the motion to amend Olivet’s answer.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.