Zinger v. Brands

Background

Bai Brands, LLC asked the court to seal or redact designated portions of Exhibits 4–6, 18–20, and 24–26 submitted with its motion for summary judgment. It also asked to seal or redact portions of the motion and the statement of undisputed material facts that referred to those documents or other confidential information.

The request concerned allegedly sensitive business information, including internal market research, marketing strategy, sales and pricing data, and information about the preparation of erythritol used in Bai Waters. Some materials also contained confidential information supplied by third parties. The filing stated that certain documents had been designated confidential under the protective order in the case.

The Requested Sealing

The requested materials included a deposition transcript from Diane Malunowicz, a corporate representative questioned under Federal Rule of Civil Procedure 30(b)(6); documents concerning suppliers’ preparation of erythritol; market-research and marketing-strategy documents; and the expert report of Dr. Keith Ugone, which contained sales, pricing, and market-research information. Bai argued that disclosure could give competitors access to confidential information and harm Bai’s ability to compete.

The letter discussed the general public right to access court records and the possibility of sealing documents to protect sensitive, competitive, or proprietary business information. The opinion text provided is primarily Bai’s sealing request followed by the court’s ruling; it does not decide the underlying summary-judgment motion.

Ruling

Judge Arun Subramanian temporarily granted the motion to seal. The court stated that it would assess whether to keep the materials sealed or redacted when deciding the underlying motions. The Clerk of Court was directed to terminate the motion at ECF No. 96. The order did not state that the materials would remain sealed permanently.