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S.D.N.Y.Procedural orderFiled Nov. 21, 2024

Nielsen Consumer LLC v. Circana Group, L.P.

Judge
James Oetken
Docket
1:22-cv-03235
Court
U.S. District Court · Southern District of New York
Pages
2
Civil ProcedureDiscovery
In one sentence

Nielson Consumer LLC v. Circana Group, L.P.: Judge Parker granted the parties’ motion to seal materials containing nonpublic business information and trade secrets.

Who this affects

Nielson Consumer LLC and Circana Group, L.P., whose discovery-related filings and exhibits were sealed or redacted.

What happened

In Nielson Consumer LLC v. Circana Group, L.P., the parties asked to redact their joint status update and seal or redact attached exhibits because they contained nonpublic business information and trade secrets.

The court found that the proposed redactions were narrowly tailored to protect competitive business information and granted the parties’ joint motion to seal. The court also directed the Clerk to terminate the motion.

Judge Katharine H. Parker cautioned that information sealed for this discovery dispute might not receive the same treatment with a later motion deciding the case, and advised the parties to limit documents they seek to seal.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Nielsen Consumer LLC v. Circana Group, L.P. · No. 1:22-cv-03235
Judge
James Oetken
Date
Nov. 21, 2024

Background

The parties filed a joint motion asking the court to redact their November 15, 2024 Joint Status Update Letter. They also asked to file Exhibits A through D under seal and Exhibits E, F, and G in redacted form. They said the requested protections covered references to nonpublic, commercially sensitive business information and trade secrets.

Court’s analysis

The court reviewed the parties’ filings and found that the proposed redactions were narrowly tailored to protect competitive business information. The court stated that the request was consistent with the standard from Lugosch v. Pyramid Co. of Onondaga, under which sealing must be supported by specific findings showing that it is essential to protect a higher-value interest and is narrowly tailored to that interest.

Ruling

The court granted the parties’ Joint Letter Motion to Seal. It cautioned that documents and information sealed in connection with this discovery dispute might not be treated the same way if submitted with a motion deciding the case. The court also advised the parties to consider whether particular documents needed to be attached to a discovery filing and whether they could reduce the materials they sought to seal. The Clerk was directed to terminate the motion at ECF No. 402.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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