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S.D.N.Y.Procedural orderFiled July 27, 2023

Comcast Cable Communications Management, LLC v. MaxLinear, Inc.

Judge
Alvin Hellerstein
Docket
1:23-cv-04436
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In Comcast v. MaxLinear, Judge Hellerstein ordered limited redactions to protect confidential business information.

Who this affects

Comcast Cable Communications Management, LLC, Comcast Cable Communications, LLC, and MaxLinear, Inc.; the public’s access to specified court filings and deposition materials is also affected.

What happened

Comcast Cable Communications Management, LLC v. MaxLinear, Inc. concerned the parties’ joint request to file public versions of documents with limited redactions. The materials related to MaxLinear’s opposition to Comcast’s request for a preliminary injunction.

The parties asked to redact portions of deposition transcripts, a supporting declaration, and a legal brief containing pricing, business-operation, and other confidential terms. They said disclosure could give competitors and potential customers information that might cause financial harm or a competitive disadvantage. Comcast also renewed an earlier request to seal documents filed with its preliminary-injunction application, which MaxLinear did not oppose.

The court entered a “SO ORDERED” endorsement on July 27, 2023, approving the requested sealing and redactions. Judge Alvin K. Hellerstein’s endorsement did not provide a separate explanation of the ruling.

The detailed version

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

Case
Comcast Cable Communications Management, LLC v. MaxLinear, Inc. · No. 1:23-cv-04436
Judge
Alvin Hellerstein
Date
July 27, 2023

Background

Comcast Cable Communications Management, LLC and Comcast Cable Communications, LLC, together referred to in the filing as Comcast, and MaxLinear, Inc. jointly asked the court to accept sealed and redacted versions of materials connected to MaxLinear’s opposition to Comcast’s application for a preliminary injunction. The filing states that the parties had conferred and agreed to remove many proposed redactions, leaving only redactions for commercially sensitive information.

Materials at Issue

The requested redactions covered specified portions of three deposition transcripts, including testimony from Peter Kiriacoulacos, Charlie Herrin, and Jon Cave; portions of William Torgerson’s supporting declaration; and portions of MaxLinear’s opposition brief that cited those materials or specific provisions of the parties’ agreements. The filing states that the information included pricing terms, confidential business operations information, and other terms concerning the parties’ relationship with each other and third-party vendors.

The parties argued that public disclosure could give competitors and potential future customers access to sensitive information, causing financial harm and competitive disadvantage. They cited decisions from the Southern District of New York allowing sealing or redaction of confidential business and financial information. The filing also states that Comcast renewed its May 30, 2023 letter motion to seal documents filed with its preliminary-injunction application, and that MaxLinear did not oppose that request.

Court’s Action

The court entered a “SO ORDERED” endorsement dated July 27, 2023, on the parties’ request. The filing states that unredacted copies would be placed under permanent seal and that proposed public versions would be filed if the requests were granted. The available text does not contain a separate opinion explaining the court’s reasoning or separately stating whether each sealing request was granted; it shows the court’s “SO ORDERED” endorsement. Judge Alvin K. Hellerstein signed the endorsement.

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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