Melgar v. Zicam LLC, et al

Filing 169

ORDER TO SEAL DOCUMENTS signed by District Judge Morrison C. England, Jr. on 1/3/18. (Mena-Sanchez, L)

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BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Thomas A. Reyda (State Bar No. 312632)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Class Counsel

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YESENIA MELGAR, on Behalf of Herself and
all Others Similarly Situated,

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Plaintiff,
v.

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Case No. 2:14-cv-00160-MCE-AC
Hon. Morrison C. England, Jr.
PLAINTIFF’S NOTICE OF REQUEST
AND REQUEST TO SEAL
DOCUMENTS AND ORDER

ZICAM LLC and MATRIXX INITIATIVES,
INC.
Defendants.

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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TO ALL PARTIES AND THEIR COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT Plaintiff Yesenia Melgar (“Plaintiff”) files this request
pursuant to Local Rule 141 for leave to file certain confidential documents under seal. The
documents that incorporate confidential information are:
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3:2-14; 3:17-20; 3:24-28; 4:1-2; 4:5-6; 4:21-5:17; 6:15-24; 6:26-13:17; 13:24-20:28; 21:3-

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4; and 21:17-27.
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Certain confidential portions of Plaintiff’s Motions in Limine at 1:16-19; 1:22; 2:1-2; 2:2324; 3:27-4:3; 6:15-19; 6:22-7:13; 7:17-19; 7:25-26; 7:28-8:5; 10:14-24; 11:2; 11:10; 13:14;

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Certain confidential portions of Plaintiff’s Trial Brief at i:5-18; 1:14-24; 2:1-14; 2:18-20;

13:16; and 16:7-8.
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Exhibits A and B to the Declaration of Scott Bursor in Support of Plaintiff’s Motions in
Limine and Trial Brief.
The above documents contain information designated by Defendant as “Confidential”

pursuant to the parties’ 6/5/17 Stipulated Protective Order (Dkt. No. 17). The confidential
information was designated as confidential pursuant to Section 1(c) of the Confidentiality
Agreement because it is “confidential research, development, or commercial information, within
the meaning of Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure” and/or proprietary
information that is not generally available to or accessible by the general public. See Dkt. No. 17,
at 2. For this reason, Plaintiff requests that the above-listed documents and portions thereof be
filed under seal. Defendants Matrixx Initiatives, Inc. and Zicam LLC shall have access to the
confidential documents.
Good cause exists to file the confidential information discussed above under seal because
these documents contain Defendants’ trade secrets, including Defendants’ product formulation and
product testing. See Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006)
(“compelling reasons’ sufficient to outweigh the public's interest in disclosure and justify sealing
court records exist when such court files might…release trade secrets”) (internal quotations
omitted); Clark v. Bunker, 453 F.2d 1006, 1009 (9th Cir. 1972) (adopting definition of "trade

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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secrets" set forth in the Restatement of Torts Restatement of Torts, § 757, noting that [a] trade
secret may consist of any formula, pattern, device or compilation of information which is used in
one's business, and which gives him an opportunity to obtain an advantage over competitors who
do not know or use it.) (internal quotations omitted).

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Plaintiff has submitted this Notice of Request, Request to Seal Documents and [Proposed]
Order, and the documents themselves via electronic mail to the Court. The email has been set to
Judge England’s proposed orders email box, with the email subject line including the case number
and the statement: “Request to Seal Documents.” Further, this Notice of Request, Request to Seal
Documents and [Proposed] Order have been served on all parties via electronic mail.

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Dated: December 18, 2017

Respectfully submitted,

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BURSOR & FISHER, P.A.

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By:

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/s/ Scott A. Bursor
Scott A. Bursor

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Scott A. Bursor (State Bar No. 276006)
L. Timothy Fisher (State Bar No. 191626)
Thomas A. Reyda (State Bar No. 312632)
1990 North California Boulevard, Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]
[e-mail]
[e-mail]

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Class Counsel

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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ORDER

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Having considered Plaintiff’s Request to Seal Documents and the documents labeled
“Confidential” pursuant to the parties’ Agreement for the Discovery of Confidential Information,
the Court GRANTS Plaintiff’s Request to Seal Documents and finds and orders as follows:
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3:2-14; 3:17-20; 3:24-28; 4:1-2; 4:5-6; 4:21-5:17; 6:15-24; 6:26-13:17; 13:24-20:28; 21:3-

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4; and 21:17-27.
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Certain confidential portions of Plaintiff’s Motions in Limine at 1:16-19; 1:22; 2:1-2; 2:2324; 3:27-4:3; 6:15-19; 6:22-7:13; 7:17-19; 7:25-26; 7:28-8:5; 10:14-24; 11:2; 11:10; 13:14;

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Certain confidential portions of Plaintiff’s Trial Brief at i:5-18; 1:14-24; 2:1-14; 2:18-20;

13:16; and 16:7-8.
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Exhibits A and B to the Declaration of Scott Bursor in Support of Plaintiff’s Motions in
Limine and Trial Brief.
IT IS SO ORDERED.

Dated: January 3, 2018

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PLAINTIFF’S NOTICE OF REQUEST AND REQUEST TO SEAL DOCUMENTS
AND ORDER
CASE NO. 2:14-CV-00160-MCE-AC

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