E. & J. Gallo Winery, et al. v. Strategic Materials, Inc.

Filing 139

ORDER GRANTING, In Part, and DENYING, In Part, Motions to Seal, signed by Magistrate Judge Erica P. Grosjean on 7/16/2020. **14-day deadline**. (Rivera, O)

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IN THE UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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E. & J. GALLO WINERY, et al.,
Plaintiffs,

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v.

CASE NO. 1:17-cv-01709-EPG
ORDER GRANTING, IN PART, AND
DENYING, IN PART, MOTIONS TO SEAL

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STRATEGIC MATERIALS, INC.,
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Defendant.

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In connection with their motions for summary judgment, motions to strike, and the various

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oppositions and replies thereto, Plaintiffs E. & J. Gallo Winery and Gallo Glass Company

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(“Gallo”) and Defendant Strategic Materials, Inc. (“SMI”) each filed notices to seal their filings.

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(ECF Nos. 98, 100, 105, 113, 116, 120, 123, 126). At various times, they also filed memoranda in

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support of the other party’s sealing motions. (ECF Nos. 103, 104, 132, 133).

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After the Court granted in part and denied in part without prejudice the motions, (ECF No.

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135), the parties filed additional briefing concerning their sealing requests, (ECF Nos. 137, 138).

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Upon review of the materials, and for the reasons below, the Court GRANTS, IN PART, and

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DENIES, IN PART, the sealing requests.

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//

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I.

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The Ninth Circuit has set forth substantial case law concerning sealing dispositive
motions. Local Rule 141 provides additional standards for this district.

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LEGAL STANDARDS

The parties appear to agree that the sealing requests are governed by the compellingreason test for dispositive motions.

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Under this stringent standard, a court may seal records only when it finds a
compelling reason and articulates the factual basis for its ruling, without
relying on hypothesis or conjecture. The court must then conscientiously balance
the competing interests of the public and the party who seeks to keep certain
judicial records secret. What constitutes a “compelling reason” is best left to the
sound discretion of the trial court. Examples include when a court record might be
used to gratify private spite or promote public scandal, to circulate libelous
statements, or as sources of business information that might harm a litigant's
competitive standing.

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Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096–97 (9th Cir. 2016) (alterations,

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internal quotation marks, and citations omitted).
Parties must also be specific when identifying the information that they seek to
keep sealed. As the Ninth Circuit has explained when denying a request by the
United States to seal documents: Although the United States identifies the
redactions it seeks by page number and line number, it does not provide similarly
specific compelling reasons to justify these redactions. Instead, the United States
purports to justify each redaction by listing one of four general categories of
privilege (privacy, law enforcement, confidential source, and ongoing
investigation). Simply mentioning a general category of privilege, without any
further elaboration or any specific linkage with the documents, does not satisfy
the burden.

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Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1183–84 (9th Cir. 2006).
II.

APPLICATION TO PARTIES’ REQUESTS
In balancing the tests, the Court notes at the outset that it did not make any rulings based

on the filings. Thus, the public’s interest at issue in the compelling reasons balancing test carries
less weight. To the extent the Court orders sealing, it has weighed the public’s interest against the
requesting party’s interest.
FILINGS AT ECF NO. 99
The Court GRANTS Gallo’s request to seal the following documents at ECF No. 99 for
the noted compelling reasons:

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Document
Declaration of Alex
Westmoreland in
Support of Plaintiffs’
Motion for Partial
Summary Judgement

ECF #
99-2

Exhibit M (Majewski
Dep. Tr.)

99-8

Exhibit N (Mundello
Dep. Tr.)

99-8

Plaintiffs and CounterDefendants’ Notice of
Motion and Motion for
Partial Summary
Judgement on Issue of:
Defendant’s Claim for
Damages Based on
Section 19.0 of the
Supply Agreement:
Memorandum of Points
and Authorities

99

Plaintiffs’ Separate
Statement of Undisputed
Facts in Support of
Motion for Partial
Summary Judgement

99-1

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Compelling Reason
Paragraphs 2 and 3 of this Declaration contain data on
Gallo’s scrap sales. As explained in Paragraph 4 of the
Declaration, this data on scrap sales is competitively
sensitive information, both with respect to the absolute
values and trends it reveals regarding year-to-year
variation in Gallo operations. Gallo keeps this information
confidential.
This testimony contains confidential and competitively
sensitive data on Gallo operations and production
numbers.
This testimony contains confidential and competitively
sensitive data on Gallo operations and production
numbers.
Portions of the Points and Authorities, as noted by Gallo,
submitted in support of its motion refer to the underlying
confidential materials.

Portions of the Separate Statement of Undisputed Material
Facts, as noted by Gallo, submitted in support of its motion
refer to underlying confidential materials.

FILINGS AT ECF NO. 101
Gallo’s request to seal the following documents at ECF No. 101 are granted for the
compelling reasons set forth below.

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Document
Exhibit 2 (Dep. Tr. Dan
Armagost)

ECF #
101-6

Exhibit 4 (Dep. Tr. Nigel
Dart)
Exhibit 5 (Dep.Tr. Nigel
Dart II)
Exhibit 6 (Dep. Tr. John
Gallo)

101-6
101-6
101-6

Compelling Reason
This testimony contains confidential and competitively
sensitive data on Gallo operations, recipes, and production
numbers.
This testimony contains confidential and competitively
sensitive data on Gallo operations, supplies, and vendors.
This testimony contains confidential and competitively
sensitive data on Gallo batch costs.
This testimony contains confidential and competitively
sensitive data on Gallo operations.
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Exhibit 8 (Dep. Tr.
Lance Lemmings)

101-6

Exhibit 9 (Dep. Tr. Joe
Majewski)

101-6

Exhibit 10 (Dep. Tr.
Mahesh Mistry)

101-6

Exhibit 11 (Dep. Tr.
Chad Mundello)

101-6

Exhibit 14 (Dep. Tr.
James Rhodes)

101-6

Exhibit 15 (Dep. Tr.
Foung Thao)

101-6

Exhibit 17 (Daniel
Armagost DEX 6)

101-6

Exhibit 18 (Daniel
Armagost DEX 7)

101-6

Exhibit 19 (Daniel
Armagost DEX 11)

101-6

Exhibit 20 (Daniel
Armgaost DEX 12)

101-6

Exhibit 24 (John Gallo
DEX 14)
Exhibit 25 (John Gallo
DEX 21)

101-6

Exhibit 27 (John Gallo
DEX 23)

101-6

Exhibit 29 (Lance
Lemmings DEX 12)

101-6

Exhibit 31 (Lance
Lemmings DEX 17)

101-6

Exhibit 32 (Lance
Lemmings DEX 21)

101-6

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101-6

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This testimony contains confidential and competitively
sensitive data on Gallo operations, recipes, and production
numbers.
This testimony contains confidential and competitively
sensitive data on Gallo tracking of complaints, recipes,
operations, and production numbers.
This testimony contains confidential and competitively
sensitive data on Gallo inspection methods and the Parties’
business relationship.
This testimony contains confidential and competitively
sensitive data on Gallo operations, recipes, and production
numbers.
This testimony contains confidential and competitively
sensitive data on Gallo inspection methods and the Parties’
confidential business relationships.
This testimony contains confidential and competitively
sensitive data on Gallo inspection methods and cullet
handling.
This document contains confidential and competitively
sensitive data on Gallo inspection methods and cullet
handling.
This document contains confidential and competitively
sensitive data on Gallo inspection methods and cullet
handling.
This document contains confidential and competitively
sensitive data on Gallo inspection methods and cullet
handling.
This document contains confidential and competitively
sensitive data on Gallo inspection methods and cullet
handling.
This document contains confidential and competitively
sensitive data on Gallo’s operations.
This document contains confidential and competitively
sensitive data on terms and conditions in the Parties’
Supply Agreement.
This document contains confidential and competitively
sensitive data on the Parties’ business relationship pursuant
to the Supply Agreement.
This document contains confidential and competitively
sensitive data on Gallo’s inspection methods and cullet
quality criteria.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
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Exhibit 34 (Joe
Majewski DEX 7)

101-6

Exhibit 42 (Chad
Mundello DEX 5)

101-6

Exhibit 43 Chad
Mundello DEX 7)

101-6

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Exhibit 55 (Steve Nicolai 101-6
DEX 27)
Exhibit 56 (Steve Nicolai 101-6
DEX 29)
Exhibit 58 (Steve Nicolai 101-6
II DEX 20)
Exhibit 59 (James
101-6
Rhodes DEX 3)
Exhibit 60 (James
Rhodes DEX 9)

101-6

Exhibit 61 (James
Rhodes DEX 12)

101-6

Exhibit 62 (James
Rhodes DEX 13)

101-6

Exhibit 63 (James
Rhodes DEX 14)

101-6

Exhibit 64 (James
Rhodes DEX 16)

101-6

Exhibit 65 (James
Rhodes DEX 17)

101-6

Exhibit 66 (James
Rhodes DEX 19)

101-6

Exhibit 67 (James
Rhodes DEX 20)

101-6

Exhibit 68 (James
Rhodes DEX 11)

101-6

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This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s inspection methods and the
Parties’ business relationship.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s costs and supplier relations.
This document contains confidential and competitively
sensitive data on Gallo’s inspection methods, operations
and cullet requirements.
This document contains confidential and competitively
sensitive data on Gallo’s inspection methods, operations
and cullet requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
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Exhibit 69 (James
Rhodes DEX 21)

101-6

Exhibit 70 (James
Rhodes DEX 23)

101-6

Exhibit 71 (Foung Thao
DEX 3)
Exhibit 72 (Foung Thao
DEX 4)
Exhibit 74 (Foung Thao
DEX 15)

101-6

Exhibit 75 (Foung Thao
DEX 31)
Exhibit 78 (Foung Thao
DEX 39)

101-6

Exhibit 86 (Curt Bucey
DEX 104)

101-6

Exhibit 88
(GALLO_00028882)

101-6

Exhibit 89
(GALLO_00006349)

101-6

Exhibit 90
(GALLO_00006370)

101-6

Exhibit 98
(GALLO_00010588-91)

101-6

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101-6
101-6

This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on Gallo’s cullet inspection process.
This document contains confidential and competitively
sensitive data on Gallo’s cullet inspection process.
This document contains confidential and competitively
sensitive data on Gallo’s cullet inspection process.

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101-6

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This document contains confidential and competitively
sensitive data on Gallo’s cullet inspection process.
This document contains confidential and competitively
sensitive data on Gallo’s cullet inspection process and the
Parties’ business relationship.
This document contains confidential and competitively
sensitive data on the Parties’ business relationship and
Supply Agreement.
This document contains confidential and competitively
sensitive data on the Parties’ business relationship and
Supply Agreement.
This document contains confidential and competitively
sensitive data on the Parties’ business relationship and
Supply Agreement.
This document contains confidential and competitively
sensitive data on the Parties’ business relationship and
Supply Agreement.
This document contains confidential and competitively
sensitive data on the Parties’ business relationship and
Supply Agreement.

FILINGS AT ECF NO. 114
Gallo’s and SMI’s requests to seal the following documents at ECF No. 114 are granted
for the compelling reasons set forth below.
Document
Exhibit A (Dep. Tr.
Steve Nicolai)
Exhibit B (Dep. Tr.
Bucey)

ECF #
114-4
114-4

Compelling Reason
This testimony contains confidential and competitively
sensitive data on Gallo’s suppliers and recipes.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry. This information
includes the volumes, colors, and quality of cullet that SMI
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Exhibit C (Dep. Tr.
James Rhodes)
Exhibit D (Dep. Tr.
Lance Lemmings)
Exhibit E (Lance
Lemmings DEX 13)
Exhibit F (Dep. Tr.
Foung Thao)

114-4

Exhibit G (Dep. Tr. Dan
Armagost)

114-4

Exhibit H (Dep. Tr.
Chad Mundello)

114-4

Exhibit I (Dep. Tr. Paul
Faherty)

114-4

Exhibit J (draft Supply
Agreement)

114-4

Exhibit K (Dep. Tr. John
Gallo)

114-4

Exhibit L (Dep. Tr.
Brian Brown)

114-4

Exhibit M (Dep. Tr.
Daniel Burkard)

114-4

Exhibit N (Dep. Tr.
Jimmy Rayford)

114-4

Exhibit O (DEX JR-12)

114-4

114-4
114-4
114-4

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provides Gallo, cullet prices, the manner in which the
parties assess cullet quality, and how the parties conduct
their business negotiations. If made public, such
information could harm SMI’s business relationships with
current or prospective customers.
This testimony contains confidential and competitively
sensitive data on Gallo’s operations and quality control.
This testimony contains confidential and competitively
sensitive data on Gallo’s operations and recipes.
This document contains confidential and competitively
sensitive data on Gallo’s operations.
This testimony contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This testimony contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This testimony contains confidential and competitively
sensitive data on Gallo’s operations, recipes and supply
acquisition.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
This document contains confidential and competitively
sensitive data on the Parties’ negotiation and draft of the
Supply Agreement, which the Court has elsewhere allowed
to be sealed in its final version.
This testimony contains confidential and competitively
sensitive data on Gallo’s operations and the Parties’
business relationship.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
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Exhibit P (DEX JR-15)

114-4

Exhibit Q (DEX Bucey
79)

114-4

Exhibit U (DEX JR-12)

114-4

Exhibit V (Dep. Tr.
Dennis Hinson)

114-4

Exhibit W (Faherty DEX
5)

114-4

Exhibit X (Faherty DEX
6)
Exhibit Y (Faherty DEX
7)

114-4

Exhibit Z (Faherty DEX
8)

114-4

Exhibit AA (Faherty
DEX 9)
Exhibit BB (Mundello
DEX 1)

114-4

Exhibit JJ (Foung Thao
DEX 9)

114-4

Exhibit KK (Chad
Mundello DEX 4)

114-4

Exhibit MM (Lance
Lemmings DEX 1)
Exhibit UU (Dep. Tr.
Steve Nicolai II)
Exhibit VV (Steve
Nicolai II DEX 38)

114-4

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114-4

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114-4

114-4
114-4

Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
This testimony reveals confidential information regarding
the parties’ relationship and SMI’s business.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
Confidential information regarding SMI’s pricing,
finances, material volumes, supply chain, and customers—
the disclosure of which would severely harm SMI’s
competitive standing in the industry.
This testimony reveals confidential information regarding
the parties’ relationship and SMI’s business.
This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet storage
capacity.
This document contains confidential and competitively
sensitive data on Gallo’s operations and the Parties’
business relationship.
This document contains confidential and competitively
sensitive data on Gallo’s operations, cullet quality, and the
Parties’ business relationship.
This document contains confidential and competitively
sensitive data on Gallo’s batch costs.
This testimony contains confidential and competitively
sensitive data on Gallo’s costs and operations.
This document contains confidential and competitively
sensitive data on Gallo’s 2015 Annual Operating Plan.
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Exhibit WW (Steve
Nicolai DEX 29)

114-4

Exhibit XX (Steve
Nicolai DEX 15)

114-4

Exhibit YY (Steve
Nicolai DEX 18)

114-4

Exhibit III (Bucey DEX
78)

114-4

Exhibit LLL (Bucey
DEX 109)

114-4

Exhibit MMM (Joe
Majewski DEX 17)
Exhibit OOO (DEX 15)

114-4

Exhibit VVV (Bucey
DEX 59)

114-4

Exhibit AAAA (DEX
27)

114-4

Exhibit BBBB (DEX 34)

114-4

Exhibit CCCC (DEX 16)

114-4

Exhibit EEEE
(Lemmings DEX 21)

114-4

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114-4

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This document contains confidential and competitively
sensitive data on Gallo’s operations and cullet
requirements.
This document contains confidential and competitively
sensitive data on the Parties’ Supply Agreement, cullet
pricing and other elements of their business relationship.
This document contains confidential and competitively
sensitive data on the Parties’ Supply Agreement, cullet
pricing and other elements of their business relationship.
This document contains confidential and competitively
sensitive data on the Parties’ Supply Agreement, cullet
pricing and other elements of their business relationship.
This document contains confidential and competitively
sensitive data on the Parties’ Supply Agreement, cullet
pricing and other elements of their business relationship.
This document contains confidential and competitively
sensitive data on Gallo’s operations and storage facilities.
This document contains confidential and competitively
sensitive data on Gallo’s operations and quality control
methods.
This document contains confidential and competitively
sensitive draft of the Parties’ Supply Agreement which the
Court has previously allowed to be sealed in its final form.
It also contains confidential information about SMI’s
business.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive information on Gallo’s operations and cullet
usage. In addition, disclosure would severely harm SMI’s
competitive standing because the exhibit includes
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Exhibit IIII (DEX 18)

114-4

Exhibit JJJJ (DEX 22)

114-4

Exhibit KKKK (DEX
46)

114-4

Exhibit MMMM (Bucey
DEX 82)

114-4

Exhibit NNNN
(Majewski Dep. Tr.)

114-4

Exhibit OOOO (John
Gallo DEX 12)

114-4

Exhibit PPPP (DEX 48)

114-4

Plaintiff’s Points and
Authorities in
Opposition to Defendant
Strategic Materials,
Inc.’s Motion for

114

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information regarding SMI’s pricing, finances, material
volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive information on Gallo’s operations and cullet
supplies. In addition, disclosure would severely harm
SMI’s competitive standing because the exhibit includes
information regarding SMI’s pricing, finances, material
volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive information related to pricing under the Parties’
Supply Agreement and other aspects of their business
relationship. In addition, disclosure would severely harm
SMI’s competitive standing because the exhibit includes
information regarding SMI’s pricing, finances, material
volumes, supply chains, and customers.
This testimony contains confidential and competitively
sensitive information related to Gallo’s operations and
recipes.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
This document contains confidential and competitively
sensitive meeting minutes from the Parties’ Quarterly
Business Review. In addition, disclosure would severely
harm SMI’s competitive standing because the exhibit
includes information regarding SMI’s pricing, finances,
material volumes, supply chains, and customers.
Portions of the Points and Authorities submitted in support
of its opposition refer to the above underlying confidential
materials.

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Summary Judgement
Plaintiff’s Response to
Defendants’ Statement
of Undisputed Facts in
Support of Motion for
Summary Judgement

114-2

Portions of the Response to SMI’s Separate Statement of
Undisputed Material Facts refer to the above underlying
confidential materials.

In addition to the foregoing, disclosure of the following exhibits to ECF No. 114-4 would

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severely harm SMI’s competitive standing because they include information regarding SMI’s

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pricing, finances, material volumes, supply chains, and customers:

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Exhibit BB

Exhibit PP

Exhibit III

Exhibit UUU

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Exhibit CC

Exhibit QQ

Exhibit JJJ

Exhibit WWW

10

Exhibit DD

Exhibit RR

Exhibit KKK

Exhibit XXX

11

Exhibit EE

Exhibit SS

Exhibit LLL

Exhibit YYY

12

Exhibit FF

Exhibit TT

Exhibit NNN

Exhibit AAAA

13

Exhibit GG

Exhibit ZZ

Exhibit OOO

Exhibit BBBB

14

Exhibit HH

Exhibit DDD

Exhibit PPP

Exhibit DDDD

15

Exhibit II

Exhibit EEE

Exhibit QQQ

Exhibit GGGG

16

Exhibit LL

Exhibit FFF

Exhibit RRR

Exhibit HHHH

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Exhibit NN

Exhibit GGG

Exhibit SSS

Exhibit LLLL

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Exhibit OO

Exhibit HHH

Exhibit TTT

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The following exhibits to ECF No. 114-4 contain confidential information about SMI’s

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short and long-term business plans and strategies that could be misappropriated by competitors if

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made public. Therefore, there is a compelling reason to seal them:

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Exhibit B
Exhibit I
Exhibit N
Exhibit U
Exhibit CC

Exhibit DD
Exhibit EE
Exhibit FF
Exhibit GG
Exhibit HH

Exhibit II
Exhibit TT
Exhibit AAA
Exhibit CCC

The following exhibits to ECF No. 114-4 contain confidential information about the
business relationship between the parties. This information includes the volumes, colors, and
quality of cullet that SMI provides Gallo, cullet prices, the manner in which the parties assess

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cullet quality, and how the parties conduct their business negotiations. If made public, such

2

information could harm SMI’s business relationships with current or prospective customers:

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5
6
7
8
9
10
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Exhibit B
Exhibit I
Exhibit L
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
Exhibit U
Exhibit W
Exhibit Y
Exhibit BB
Exhibit LL
Exhibit NN
Exhibit OO
Exhibit PP
Exhibit QQ
Exhibit RR

Exhibit SS
Exhibit ZZ
Exhibit BBB
Exhibit DDD
Exhibit EEE
Exhibit FFF
Exhibit GGG
Exhibit HHH
Exhibit III
Exhibit JJJ
Exhibit KKK
Exhibit LLL
Exhibit NNN
Exhibit RRR
Exhibit SSS
Exhibit TTT
Exhibit UUU
Exhibit WWW

Exhibit XXX
Exhibit YYY
Exhibit AAAA
Exhibit BBBB
Exhibit CCCC
Exhibit DDDD
Exhibit EEEE
Exhibit FFFF
Exhibit GGGG
Exhibit HHHH
Exhibit IIII
Exhibit JJJJ
Exhibit KKKK
Exhibit LLLL
Exhibit MMMM
Exhibit OOOO
Exhibit PPPP

FILINGS AT ECF NO. 117
13
Gallo’s request to seal the following documents at ECF No. 117 are granted for the
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compelling reasons set forth below.
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Document
Exhibit 2 (Dep. Tr,
Lance Lemmings)

ECF #
117-3

Exhibit 3 (Dep. Tr.
Daniel Armagost)

117-3

Exhibit 8 (Dep. Tr. Nigel 117-3
Dart)

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27
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Exhibit 10 (Dep. Tr.
Nigel Dart)

117-3

Exhibit 15 (Perez DEX
7)

117-3

Exhibit 20 (Dep. Tr,
John Gallo)

117-3

Exhibit 23 (Dep. Tr.
Chad Mundello)

117-3

Compelling Reason
This testimony contains confidential and competitively
sensitive information regarding Gallo’s operations, recipes
and bottle colors.
This testimony contains confidential and competitively
sensitive information regarding Gallo’s operations, recipes
and bottle colors.
This testimony contains confidential and competitively
sensitive information regarding Gallo’s operations, scrap
generation, and suppliers.
This document contains confidential and competitively
sensitive information from the Parties’ Quarterly Business
Review.
This document contains confidential and competitively
sensitive information regarding the Parties’ strategic
business relationship.
This testimony contains confidential and competitively
sensitive information about the Parties’ Supply Agreement
and business relations.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and
efficiencies.
12

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2
3

Exhibit 24 (Dep. Tr. Joe
Majewksi)

117-3

Exhibit 25 (Dep. Tr.
Steve Nicolai)

117-3

Exhibit 27 (Dep. Tr.
Nigel Dart)

117-3

Exhibit 28 (Nigel Dart
DEX 3)

117-3

Exhibit 29 (Supplier
Symposium)

117-3

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Neither party has provided an argument as to why Exhibit 33 of ECF No. 117-3 should
remain sealed. Therefore, the Court will order that exhibit unsealed.

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13

This testimony contains confidential and competitively
sensitive information about Gallo’s operations and
efficiencies.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and
efficiencies.
This testimony contains confidential and competitively
sensitive information about Gallo’s market for transition
glass bottles.
This document contains confidential and competitively
sensitive information about Gallo’s operations and cullet
supplies.
This document contains confidential and competitively
sensitive information about the Parties’ business
relationship.

FILINGS AT ECF NO. 124
SMI seeks to (1) redact portions of its reply in support of its motion for summary

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judgment and (2) redact portions of its reply to Gallo’s responses to SMI’s statement of

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undisputed facts. (ECF Nos. 124, 124-2).

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With respect to ECF No. 124, the portions SMI seeks to redact are (1) quotations from or

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information about the parties’ supply agreement that the Court has already otherwise sealed, (2)

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cullet volume amounts, and (3) other confidential terms from the supply agreement. SMI has

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shown a compelling reason to seal these.

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With respect to ECF No. 124-2, SMI seeks to redact portions that directly quote or

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paraphrase confidential documents. The documents at issue are ones the Court already has, or

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currently is, finding are sealable under the compelling reasons test. For the same reasons as those

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documents are sealable, so too are the redacted portions of ECF No. 124-2.

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Therefore, the Court grants SMI’s request to permanently redact portions of ECF Nos. 124
and 124-2.
FILINGS AT ECF NO. 127
Gallo’s request to seal the following documents at ECF No. 127 are granted for the

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13

1

compelling reasons set forth below.

2

Document
Exhibit B (Various
Deposition Excerpts re:
Batch)
Exhibit C (Dep. Tr.
Joseph Majewski)
Exhibit D (Dep. Tr.
Nigel Dart)
Exhibit F (Dep. Tr. Chad
Mundello)
Exhibit G (Dep. Tr.
Lance Lemmings)
Exhibit H (Dep. Tr. Dan
Armagost)
Exhibit I (Dep. Tr.
Joseph Majewski)
Exhibit L (Dep. Tr.
James Rhodes)

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4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
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20

ECF #
127-2

127-2
127-2
127-2
127-2
127-2
127-2
127-2

Exhibit M (Dep. Tr.
Steve Nicolai)
Exhibit N (Dep. Tr.
Steve Nicolai II)

127-2

Exhibit O (Dep. Tr. Alex
Westmoreland)
Exhibit P (Dep. Tr.
Stuart Harden)

127-2

127-2

127-2

Compelling Reason
This testimony contains confidential and competitively
sensitive information about Gallo’s use of batch materials
and related costs.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and recipes.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and recipes.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and recipes.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and recipes.
This testimony contains confidential and competitively
sensitive information about Gallo’s operations and storage
facilities.
This testimony contains confidential and competitively
sensitive information about Gallo’s costs and strategies.
This testimony contains confidential and competitively
sensitive information about Gallo’s batch costs and
suppliers.
This testimony contains confidential and competitively
sensitive information about Gallo’s batch costs.
This testimony contains confidential and competitively
sensitive information about Gallo’s batch costs.

FILINGS AT ECF NO. 128
Gallo’s request to seal the following documents at ECF No. 128 are granted for the

21

compelling reasons set forth below.

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Document
Exhibit A (Harden
Report)

ECF #
128-2

Exhibit E (Dep. Tr.
Steve Nicolai)

128-2

Exhibit F (Dep. Tr. Chad
Mundello)

128-2

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24
25
26
27
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Compelling Reason
This document contains confidential and competitively
sensitive information about the Parties’ business
relationship, cullet prices and Gallo’s cullet purchases
under the Supply Agreement.
This testimony contains confidential and competitively
sensitive information about Gallo’s cullet purchases and
operations.
This testimony contains confidential and competitively
sensitive information about the Parties’ business
relationship.
14

1

FILINGS AT ECF NO. 131

2

The Court has sealed various exhibits to this filing. (ECF No. 136 at 14). SMI has now

3

argued that the Court should also permanently redact portions of its brief. (ECF No. 13 at 6). The

4

Court GRANTS SMI’s request to permanently redact portions of pages 12 and 13 that refer to the

5

exhibits previously sealed.

6

III.

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CONCLUSION AND ORDERS
Other than as noted below, the Court grants all sealing requests. Such documents may be

accessed only by the parties, their litigation counsel, and the Court.
Exhibit 33 of ECF No. 117-3 shall no longer be sealed. Within 14 days, SMI shall re-file
ECF No. 117-3. Such filing shall include Exhibit 33 in full.

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IT IS SO ORDERED.
Dated:

July 16, 2020

/s/
UNITED STATES MAGISTRATE JUDGE

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