E. & J. Gallo Winery v. Proximo Spirits, Inc. et al

Filing 102

ORDER GRANTING IN PART and DENYING IN PART Request to Seal Documents Related to Motion to Amend Answer to Counterclaims (Document 101 ), Signed by Magistrate Judge Jennifer L. Thurston on 8/4/2011. (Arellano, S.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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E. & J. GALLO WINERY, a California
corporation,

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Plaintiff,
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v.
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PROXIMO SPIRITS, INC., et al,
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Defendants.
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_____________________________________ )

Case No.: 1:10-cv-00411 LJO JLT
ORDER GRANTING IN PART AND
DENYING IN PART REQUEST TO SEAL
DOCUMENTS RELATED TO MOTION TO
AMEND ANSWER TO COUNTERCLAIMS
(Doc. 101)

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Before the Court is the Request to Seal Documents, filed by Plaintiff/Counterdefendant,

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E.J. Gallo Winery related to its motion to amend its answer to the counterclaims. (Doc. 101) To

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make this determination, the Court must evaluate whether “‘good cause’ exists to protect th[e]

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information from being disclosed to the public by balancing the needs for discovery against the

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need for confidentiality.’” Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 678 (9th Cir. 2010)

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(quoting Phillips ex rel. Estates of Byrd v. Gen. Motors Corp., 307 F.3d 1206, 1213 (9th Cir.

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2002))

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Because the most of the documents or portions thereof sought to be sealed contain
confidential information related to Defendant’s non-public corporation, the Court finds that the

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need to maintain the confidentiality of this material, outweighs the need for public disclosure.

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Therefore, as to these materials, the motion is GRANTED. On the other hand, some portions of

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the documents, set forth below, do not reveal confidential information regarding Defendant’s

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operations. As to those portions, the motion is DENIED.

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Therefore, good cause appearing,

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1.

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The Court ORDERS the following to be SEALED:
a.

The portions of the memorandum of points and authorities in support of

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the motion to amend Plaintiff/Counterdefendant’s answer to the

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countercomplaint at pages 2, 3, 4 and 7;

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b.

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The portion sought to be sealed in lines 2 through 5 of page 2 of the
Harvey Declaration;

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c.

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Exhibit C to the Harvey Declaration except lines 3 through 4 of page 16
and line 10 through line 25 of page 17;

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d.

Exhibit E to the Harvey Declaration except line 18 through 19 of page 16,

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lines 9 through 10 of page 17, lines 13 through 21 of page 25, lines 2

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through 8 of page 22, lines 4 through 7 of page 25, line 13 of page 25

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through line 24 of page 27 and line 22 of page 28 through line 19 of page

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29;

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e.

Exhibit G to the Harvey Declaration;

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f.

Exhibit I to the Harvey Declaration except line 17 of page 29 through line

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17 of page 30, lines 1 through 12 of page 94, lines 2 through 20 of page

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96, line 2 through 19 of page 97;

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g.

Exhibit J to the Harvey Declaration.

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2.

The Clerk of the Court is DIRECTED to file these pages under seal.

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3.

The Court ORDERS the following NOT to be SEALED:

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a

Lines 3 through 4 of page 16 and line 10 through line 25 of page 17 of
Exhibit C to the Harvey Declarationt;

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b.

Line 18 through 19 of page 16, lines 9 through 10 of page 17, lines 13

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through 21 of page 25, lines 2 through 8 of page 22, lines 4 through 7 of

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page 25, line 13 of page 25 through line 24 of page 27 and line 22 of page

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28 through line 19 of page 29 of Exhibit E to the Harvey Declaration;

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c.

Line 17 of page 29 through line 17 of page 30, lines 1 through 12 of page

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94, lines 2 through 20 of page 96, line 2 through 19 of page 97 of Exhibit I

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to the Harvey Declaration.

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4.

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ordered sealed via e-mail to [e-mail] within two business

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The moving party is ORDERED to provide an electronic copy of the materials

days of the date of service of this order;
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The moving party is ORDERED to file electronically a redacted copy of the

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materials ordered not to be sealed within two business days of the date of service

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of this order.

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IT IS SO ORDERED.

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Dated: August 4, 2011
9j7khi

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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