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S.D.N.Y.Procedural orderFiled Apr. 10, 2023

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

Judge
Jesse Furman
Docket
1:21-cv-07059
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureEvidence
In one sentence

Golden Unicorn v. Audible: Judge Furman temporarily granted Audible’s motion to seal or redact exhibits, leaving final sealing decisions for the underlying motion.

Who this affects

Audible, the plaintiffs, the experts whose materials were submitted, non-parties whose information appeared in the materials, and members of the public seeking access to the court filings.

What happened

In Golden Unicorn Enterprises, Inc. v. Audible, Inc., Audible asked to temporarily seal or redact parts of expert reports and a deposition transcript. It said the materials included sensitive business information, return percentages, financial calculations, and prior expert work involving non-parties.

The court temporarily granted the motion to seal. The court said it would decide whether the materials should remain sealed or redacted when it decided the underlying motion.

Judge Jesse M. Furman also directed the Clerk of Court to terminate ECF No. 244. This order addressed access to litigation materials, not the underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Golden Unicorn Enterprises, Inc. v. Audible, Inc. · No. 1:21-cv-07059
Judge
Jesse Furman
Date
Apr. 10, 2023

Background

Audible asked for permission to file certain exhibits under seal or with redactions in connection with its opposition to the plaintiffs’ motions to exclude the opinions of John Rodzvilla and Juli Saitz. Audible also asked that its opposition and all exhibits be temporarily sealed while the plaintiffs reviewed the materials and considered whether to request sealing or redactions.

The requested redactions covered portions of reports by the plaintiffs’ proposed experts Thad McIlroy and Joseph Egan, reports by Audible’s experts John Rodzvilla and Juli Saitz, and portions of Juli Saitz’s deposition transcript. Audible identified sensitive business information, including information about ACX creators, internal strategy, publisher information, royalty calculations, financial systems, return percentages, and non-public expert work involving non-parties.

Court’s Action

The court granted the motion to seal temporarily. It stated that it would decide whether to keep the materials sealed or redacted when deciding the underlying motion. The Clerk of Court was directed to terminate ECF No. 244.

What the Order Did Not Decide

The order did not decide whether the requested materials should remain sealed permanently, and the provided text does not show a ruling on the underlying motions or the parties’ substantive claims.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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