That's What She Said, Inc. v. Gutter Games, Inc.
- Katherine Failla
- 1:22-cv-04230
- U.S. District Court · Southern District of New York
- 4
In That’s What She Said v. Gutter Games, Judge Failla granted defendants’ request to seal and redact confidential business and financial information in summary-judgment filings.
Gutter Games Ltd. and Perch UK 1 Ltd., which obtained the sealing order; That’s What She Said, Inc., whose counsel consented; and members of the public, who cannot view docket entries 77 and 78 because they are available only to the parties and the court.
What happened
In That’s What She Said, Inc. v. Gutter Games Ltd. and Perch UK 1 Ltd., the defendants asked to seal three exhibits and redact financial information from documents supporting their planned summary-judgment motion. The requested information included sales, pricing, revenue, profits, royalties, salaries, business expenses, and other commercially sensitive details.
That’s What She Said, Inc.’s counsel consented to the application. The defendants argued that public disclosure could harm the businesses’ competitive positions or reveal private financial information. The application concerned filings connected to the upcoming summary-judgment motion, not the court’s decision on that motion.
Judge Katherine Polk Failla granted the application. She directed the Clerk to keep docket entries 77 and 78 under seal, available only to the parties and the court, and directed the Clerk to terminate the pending motion at docket entry 72.
The detailed version
- That's What She Said, Inc. v. Gutter Games, Inc. · No. 1:22-cv-04230
- Katherine Failla
- Jan. 16, 2024
Background
The defendants requested permission to file certain materials under seal and to redact specified information from publicly filed versions of documents supporting their forthcoming motion for summary judgment. Summary judgment is a procedure for deciding a case without a trial when the relevant facts are not genuinely disputed. The materials included three exhibits containing sales, pricing, revenue, royalty, and other financial information; portions of deposition transcripts; a notice of termination of a license agreement; and portions of the defendants’ statement of undisputed material facts and supporting memorandum.
The defendants argued that disclosure could harm Gutter Games Ltd. and That’s What She Said, Inc.’s competitive standing and could reveal private financial information, including salaries. The opinion states that the parties had previously agreed to a confidentiality and protective order during discovery. That’s What She Said, Inc.’s counsel consented to this sealing application.
Ruling
The court granted the application. The Clerk of Court was directed to maintain docket entries 77 and 78 under seal, viewable only by the parties and the court. The Clerk was also directed to terminate the pending motion at docket entry 72. This order addressed confidentiality of materials connected to the anticipated summary-judgment motion; it did not decide the summary-judgment motion itself or the underlying dispute.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.