BBJ, Inc. et al v. MillerCoors, LLC et al

Filing 173

Judge Indira Talwani: ORDER entered granting, with certain limitations, 172 Motion for Protective Order. See attached Order. (MacDonald, Gail)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

BBJ, INC. and WESTON O. GRAVES,
Plaintiffs,
v.
MILLERCOORS, LLC, COORS
BREWING COMPANY, MILLER
BREWING COMPANY, and RENEE
CUSACK,
Defendants.

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Civil Action No. 12-cv-11305-IT

ORDER
November 13, 2015
TALWANI, D.J.
Defendants’ Assented to Motion for Entry of Protective Order [#172] is ALLOWED with
the following limitation.
Any party seeking to file a document under seal must file a motion with the court and
demonstrate good cause for the impoundment. References to the document’s designation as
“confidential” pursuant to the parties’ Protective Order or to an agreement between the parties
concerning redaction, without more, do not suffice to establish good cause. Specifically, the
party seeking impoundment must make “‘a particular factual demonstration of potential harm,
not . . . conclusory statements’” as to why the document should be sealed. United States v.
Kravetz, 706 F.3d 47, 60 (1st Cir. 2013) (quoting Fed. Trade Comm’n v. Standard Fin. Mgmt.
Corp., 830 F.2d 404, 412 (1st Cir. 1987); see also Anderson v. Cryovac, Inc., 805 F.2d 1, 7 (1st
Cir. 1986) (“A finding of good cause must be based on a particular factual demonstration of

potential harm, not on conclusory statements.” (citation omitted)).
IT IS SO ORDERED.
November 13, 2015

/s/ Indira Talwani
United States District Judge

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