The Avon Company v. Fareva Morton Grove, Inc.
- Alvin Hellerstein
- 1:22-cv-04724
- U.S. District Court · Southern District of New York
- 3
In The Avon Company v. Fareva Morton Grove, Inc., Fareva asked Judge Hellerstein to keep specified documents sealed; the text contains no ruling.
Fareva, The Avon Company, and nonparties whose confidential information or home address appeared in the filed materials.
What happened
The Avon Company v. Fareva Morton Grove, Inc. is presented here through a letter from Fareva’s lawyer asking the court to keep certain documents sealed. The documents had been filed as exhibits in connection with Avon’s renewed request for contempt and a discovery dispute letter that Fareva says was moot.
Fareva asked to keep numerous documents sealed because they contained nonpublic information about its customers, suppliers, or consultant. It also asked to keep sealed a deposition excerpt containing a former Fareva employee’s home address. Fareva said it did not object to publicly filing the other documents covered by Avon’s sealing motions.
Judge Hellerstein is identified as the judge in the case, but the provided text is Fareva’s request letter, not an order. It does not state that the court granted or denied the request.
The detailed version
- The Avon Company v. Fareva Morton Grove, Inc. · No. 1:22-cv-04724
- Alvin Hellerstein
- Sept. 19, 2023
Nature of the document
The provided text is a September 15, 2023 letter from Mark A. Kirsch of King & Spalding, writing for Fareva. It asks the court to maintain certain documents under seal. The text does not include a judicial order or state how the court ruled.
Background
Avon filed exhibits under seal in connection with two pending letter motions to seal, identified as ECF Nos. 174 and 181. The filings concerned documents that Fareva, and in some instances a nonparty, had designated as confidential or attorneys’ eyes only under the case’s stipulated confidentiality agreement and protective order. Avon stated that it filed the documents under seal to comply with that protective order and otherwise took no position on whether the documents should remain sealed.
At a September 11, 2023 hearing, the court directed Fareva to submit its position by September 15, 2023.
Fareva’s request
Fareva asked the court to keep the documents identified as ECF Nos. 179-8 through 179-15, 179-17 through 179-31, 179-33, 179-36 through 179-38, 179-40, 179-42 through 179-50, 179-52 through 179-53, 179-55 through 179-57, and 179-67 under seal. Fareva said these materials contained nonpublic information about nonparties, including customers, suppliers, and a consultant.
Fareva separately asked the court to keep ECF No. 179-63 under seal because it was an excerpt from a deposition transcript that included the home address of a former Fareva employee, who was also a nonparty. The letter cited decisions stating that nonparties’ privacy interests and sensitive home-address information may support sealing.
Fareva said it had no objection to publicly filing the other documents listed in Avon’s two pending sealing motions.
Disposition
The provided text contains no ruling by Judge Hellerstein. It therefore does not establish whether the sealing request was granted, denied, or otherwise resolved.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.