Nichols v. Noom Inc.

Background

The parties jointly requested permission to file under seal Exhibit A to the plaintiffs’ Sedona Conference Tracking Chart. The exhibit is a copy of Noom’s Legal Preservation Notice, which Noom had designated “Confidential” under the operative protective order.

Requested Access Restriction

The parties asked the court to apply the “Selected Parties” viewing level, meaning access would be limited to counsel appearing for Noom and the plaintiffs. Noom argued that the litigation-preservation notice was likely not a “judicial document.” Noom also argued that, because the document was exchanged in discovery and did not assist the court in performing its constitutional functions, the public’s presumptive right to access it was low.

Noom further asserted that the notice implicated significant privacy interests because it reflected its attorneys’ mental impressions about potentially relevant information, instructions to employees about preserving information, and the types of internal software and systems that might be involved. The plaintiffs did not object to sealing the document.

Ruling

The court’s “SO ORDERED” notation approved the parties’ request to file the exhibit under seal with access limited to counsel for Noom and the plaintiffs. Judge Katharine H. Parker did not otherwise resolve the parties’ underlying claims in this order.