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

Background

Defendants CB Brand Strategies, LLC, Crown Imports LLC, and Compania Cervecera de Coahuila, S. de R.L. de C.V. asked the court for permission to seal or redact portions of their forthcoming motions in limine and certain exhibits. The requested materials included documents produced by the parties and designated “Confidential” or “Highly Confidential” under the stipulated protective order, excerpts from fact and expert depositions with those designations, and portions or all of expert reports designated under the protective order.

Arguments and governing standard

The defendants acknowledged the presumption that judicial documents are publicly accessible. They argued that the court had discretion to overcome that presumption when the parties’ privacy interests outweighed public access. They further argued that disclosure of the materials could cause financial harm because the documents contained sensitive business information. The defendants stated that they needed to refer to the materials in support of their motions and requested permission to file unredacted exhibits under seal and public versions of the motion papers within seven days after the sealed filing.

Ruling

The filing ends with the court’s “SO ORDERED” notation and Judge Lewis A. Kaplan’s signature. The order therefore approved the defendants’ request to file the specified motion papers and exhibits under seal or with redactions, and to file public versions of the motion papers within seven days. The excerpt does not provide a separately explained judicial analysis beyond the approval notation.