Capri Sun GmbH v. American Beverage Corporation
- Paul Engelmayer
- 1:19-cv-01422
- U.S. District Court · Southern District of New York
- 4
In Capri Sun GmbH v. American Beverage Corporation, Judge Engelmayer granted Capri Sun’s request to seal or redact commercially sensitive litigation materials.
Capri Sun GmbH, American Beverage Corporation, the parties’ counsel, and public access to the identified litigation materials.
What happened
Capri Sun GmbH asked the court to keep certain litigation materials from public view or to file them with redactions in Capri Sun GmbH v. American Beverage Corporation.
The request covered filings supporting Capri Sun’s summary-judgment motion, statements of facts, motions involving two American Beverage expert witnesses, exhibits, and deposition transcripts. Capri Sun identified business, marketing, contract, financial, and expert-related information as commercially sensitive.
The court granted the request. Judge Engelmayer’s order does not separately identify which materials were sealed and which were redacted.
The detailed version
- Capri Sun GmbH v. American Beverage Corporation · No. 1:19-cv-01422
- Paul Engelmayer
- June 4, 2021
Background
Capri Sun GmbH’s counsel wrote to the court about filing materials connected to Capri Sun’s motion for summary judgment, its statement of material facts, and motions to exclude two American Beverage Corporation expert witnesses. The letter also addressed exhibits and other litigation materials.
Requested sealing and redactions
Capri Sun asked to file the identified materials under seal, meaning they would not be publicly accessible, and to redact portions of other materials. It said the materials contained confidential business and marketing strategies, information about agreements and negotiations with business counterparties, nonpublic financial information and analysis, and excerpts from depositions and expert reports discussing those subjects. Capri Sun also asked that fact-witness deposition transcripts remain sealed because, in its view, they were extensively permeated with commercially sensitive information.
The letter cited the parties’ protective order and decisions discussing protection for trade secrets, marketing plans, pricing, revenue, financial information, confidential agreements, and similar competitive information. The opinion text does not include a separate explanation by the court identifying which specific documents or passages met the sealing standard.
Ruling
The court entered the single-word order, “Granted.” Thus, the court granted Capri Sun’s request. The order does not separately state which requested materials were sealed, which were filed with redactions, or whether any particular proposed redaction was modified. Judge Paul A. Engelmayer signed the order on June 4, 2021.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.