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

Background

Circana Group, L.P. filed two motions seeking permission to submit litigation materials in redacted form or under seal. One motion concerned Circana’s opposition to Nielsen Consumer LLC’s motion to compel production of a clawed-back document and accompanying Exhibits B, C, D, and E, along with a request to file Exhibit A under seal. The other concerned Circana’s opposition to Nielsen Consumer’s motion to compel a response to an amended interrogatory.

Circana said the proposed redactions covered nonpublic, competitively sensitive information about data licensed to NielsenIQ under the parties’ agreement, the agreement’s terms, deposition testimony, confidential documents and communications, and confidential discovery responses. Circana also identified information that NielsenIQ considered competitively sensitive.

Court’s Analysis

The court reviewed the filings and found that the redactions were narrowly tailored to protect competitively sensitive business information and other confidential information. The court found that the requests met the standard from Lugosch v. Pyramid Co. of Onondaga, which permits sealing when closure is essential to protect important interests and is narrowly tailored to serve those interests.

Ruling

Judge Katharine H. Parker granted Circana’s letter motions to seal. The Clerk was directed to terminate the motions at ECF Nos. 517 and 520 and to keep the documents at ECF Nos. 519, 523, and 524 under seal. The court also reminded Circana that documents and information sealed for this request might not receive the same treatment in connection with a dispositive motion.