Cerveceria Modelo de Mexico, S. de R.L. de C.V. v. CB Brand Strategies, LLC

Nature of the Document

The provided text is a letter dated April 18, 2022, from defendants’ counsel to Judge Lewis A. Kaplan. It asks for permission to file under seal portions of defendants’ memorandum supporting a motion for reconsideration. The text supplied does not contain a judicial order or opinion ruling on that request.

Parties and Request

The letter states that counsel represents CB Brand Strategies, LLC, Crown Imports LLC, and Compania Cervecera de Coahuila, S. de R.L. de C.V. The defendants asked to file redacted portions of their memorandum under seal under Federal Rule of Civil Procedure 5.2(d), the parties’ stipulated protective order and confidentiality agreement, and Judge Kaplan’s individual rules.

Reasons Given for Sealing

The letter says that the plaintiffs designated an expert report, except for the expert’s curriculum vitae, as “Highly Confidential.” Defendants took no position on that designation. The letter also says the report contains documents and testimony that defendants designated as confidential or highly confidential because of the information’s confidential and commercially sensitive nature.

Defendants stated that their memorandum referred to confidential and commercially sensitive information about aspects of the brewing processes for their products. They characterized that information as proprietary and not generally known to the public. The letter cited a prior Southern District of New York decision concerning redactions of proprietary business matters.

Proposed Filing

The letter states that defendants would submit the proposed sealed document through the court’s electronic filing system and would also file a publicly redacted version of the memorandum.

Disposition

The provided text does not state whether Judge Kaplan granted, denied, or otherwise resolved the request to file under seal. Accordingly, it shows a party request, not a judicial ruling.