Better Holdco, Inc. v. Beeline Loans, Inc.

Background

Better Holdco, Inc. asked for permission to file certain materials under seal or with redactions in connection with its motion to exclude or strike the opinions of Beeline Loans, Inc.’s proposed experts. The requested restrictions concerned exhibits to the Beaumont Declaration, a document identified as BEE_00005206, portions of Better’s supporting memorandum, and portions of the Holzen Report.

Reasons for the Requests

Better said some materials contained confidential information from its operating model, including financial information about profits, losses, operating costs, and employee salaries. Other materials contained confidential agreements with five marketing partners, including nonpublic pricing and negotiated terms. Better also identified information about its marketing strategies and costs as competitively sensitive.

Better sought to file BEE_00005206 under seal because Beeline had designated it as confidential discovery material under the amended protective order. Better also sought redactions in its memorandum where it quoted or referred to that document, and in paragraphs and exhibits of the Holzen Report that referred to other materials Beeline had designated as confidential. Better stated that Beeline had withdrawn some confidentiality designations but had declined to withdraw the designations covering the materials at issue. Better took no position on whether those materials needed to be sealed and reserved the right to challenge the designations.

Order

The court did not grant or deny Better’s requests to seal or redact the materials in this order. Instead, Judge John P. Cronan ordered Beeline, by May 6, 2022, to file a letter explaining the need to file BEE_00005206 and the Holzen Report under seal or in redacted form. The order therefore addressed the next step in the sealing request rather than making a final decision on public access to the materials.