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

Background

Audible asked the court for permission to file a redacted version of plaintiffs’ memorandum supporting their motion to exclude the opinions of John Rodzvilla. Audible also sought sealed and redacted versions of exhibits connected to plaintiffs’ motions to exclude opinions by John Rodzvilla and Juli Saitz.

Requested protections

Audible identified two general categories of information for sealing or redaction: sensitive business information that could cause competitive harm, and personal information of non-parties that did not bear on plaintiffs’ motions.

The requested redactions to the Rodzvilla memorandum concerned the name of an Audible employee and information about Audible’s revenue and returns. Audible also sought redactions to portions of Rodzvilla’s expert report containing return percentages. It sought to seal an internal email exchange among Audible employees concerning purchases and returns, including related breakdowns.

For the Saitz materials, Audible sought redactions to return percentages in Juli Saitz’s report and deposition transcript. It also sought to redact Saitz’s non-public expert work from the prior five years, which Audible described as containing confidential business information belonging to Saitz and non-parties and as unrelated to plaintiffs’ motion.

Ruling

Judge Jesse M. Furman temporarily granted the motion to seal. The court stated that it would assess whether to keep the materials sealed or redacted when deciding the underlying motion. The Clerk of Court was directed to terminate ECF No. 208. The opinion does not state the court’s final decision on whether the materials will remain sealed or redacted.