Capri Sun GmbH v. American Beverage Corporation

Background

American Beverage Corporation asked the court to seal Exhibits 3–7 and 13–15 attached to the declaration supporting its opposition to Capri Sun GmbH’s motions in limine. It also requested permission to file that opposition with limited redactions.

The request relied on a protective order entered on July 8, 2019. That order allowed discovery materials to be designated as “CONFIDENTIAL” or “OUTSIDE COUNSEL’S EYES ONLY” and required a party seeking to file protected material to ask the court to place the relevant portions under seal.

Reasons for the Request

American Beverage represented that the exhibits were designated confidential under the protective order. It stated that Exhibits 3–6 and most excerpts in Exhibit 7 had previously been sealed under the court’s July 14, 2021 order. American Beverage further represented that Exhibits 3–6 and 13–15 contained internal and commercially sensitive communications concerning marketing, existing and new products, current or potential customers, and confidential competitive analysis. It said Exhibit 7 contained deposition excerpts discussing those subjects.

American Beverage also sought redactions in its opposition because the challenged portions directly quoted or relied on the sealed documents or on materials involving confidential and commercially sensitive business information. It argued that public disclosure could commercially or competitively disadvantage Capri Sun or third parties.

Ruling

Judge Paul A. Engelmayer granted the request. The order allowed American Beverage to redact the specified portions of its opposition and to file the identified supporting exhibits under seal.