Golden Unicorn Enterprises, Inc. v. Audible, Inc.

Background

Audible sought permission for Plaintiffs to file a redacted memorandum supporting their motion to exclude the opinions of John Rodzvilla, along with sealed and redacted exhibits connected to that motion and Plaintiffs’ motion to exclude certain opinions of Juli Saitz. The requested redactions concerned the name of an Audible employee, revenue and returns information, return percentages, and other confidential information. Audible also sought to file under seal an internal email exchange containing information about Audible’s purchases and returns.

Audible argued that the materials included sensitive business information that could cause competitive harm, as well as personal information of non-parties that was not relevant to Plaintiffs’ motions. It also argued that some confidential information in the Saitz materials did not bear on, and was not referenced in, the motion concerning her opinions.

Ruling

The court temporarily granted the motion to seal. It stated that it would assess whether to keep the materials sealed or redacted when deciding the underlying motions. The order did not make the sealing or redactions permanent. The court also directed the Clerk of Court to terminate ECF No. 208.

Classification

This is a procedural order because it concerns sealing and redacting court materials rather than the merits of the parties’ underlying dispute or the motions to exclude expert opinions.