Zinger v. Brands

Background

Bai Brands, LLC filed a letter motion asking the court to seal and redact designated portions of two filings: its reply supporting its motion for summary judgment and its response to the plaintiff’s statement of additional material facts. The requested portions referred to documents filed under seal or other confidential material.

Basis for Sealing

Bai argued that the materials contained sensitive business information, including:

1. Internal and nonpublic market research, marketing strategy, and competitive strategy. 2. Confidential third-party information about the preparation of an ingredient used in Bai Waters, including information concerning a sweetener.

Bai maintained that disclosure could give competitors access to its internal strategies, research, and product-ingredient information, potentially harming its ability to compete in the future. The letter cited the general public-access right to court records and cases recognizing that protection of sensitive, competitive, or proprietary business information can justify sealing.

Ruling

The court granted the motion to seal. The order authorized redaction and continued sealing of the designated portions of Bai’s reply and response that described the identified confidential business information. Judge Arun Subramanian also directed the clerk to terminate the motion at ECF No. 113. The provided order does not rule on Bai’s summary-judgment motion or decide the underlying claims.