Riseandshine Corporation v. Pepsico, Inc.

Background

Pepsico moved for summary judgment on November 4, 2022. In connection with that motion, both parties asked to file portions of the summary-judgment record under seal, meaning they sought to restrict public access to those materials. On August 1, 2023, the court denied those sealing motions without prejudice to renewal. The parties filed renewed sealing motions on August 18, 2023.

Legal standard

The court applied a three-step test for sealing court documents. First, it asked whether the material was a judicial document subject to a presumed right of public access. Second, if that presumption applied, it assessed the strength of the presumption based on the material’s role in the court’s work and its value to people monitoring the federal courts. Third, it balanced that presumption against competing interests, including privacy and the protection of confidential information. The court stated that sealing is allowed only when specific findings show that it is essential to protect a higher value and is narrowly tailored to do so.

Ruling

The court held that a strong presumption of public access applied to documents filed in connection with Pepsico’s summary-judgment motion. It also held that protecting genuinely confidential commercial information could overcome that presumption. The parties’ proposed redactions concerning revenues, costs, and financial performance were narrowly tailored to protect confidential commercial information. Judge Schofield therefore ordered that the parties’ renewed motions to file portions of the record under seal were granted. The Clerk of Court was directed to close the motions at Dkt. Nos. 450, 458, 467, 471, 484, 485, 489, 491, and 493.