Schwendimann v. Arkwright Advanced Coating, Inc.

Filing 881

ORDER granting 829 AACIs Motion for Protective Order for Redaction of Trial Transcripts; granting 864 Schwendimanns Motion to Seal Exhibits Filed by Defendant in Support of Post-Trial Motions; Permanent Sealing GRANTED for Document Number(s): 69 6, 701, 723, 728, 747, 751-7, 773, 784, 792, 795, 796, 804, 806, 807, 808-5, 808-6, 809, 810, 811, 813, 814, 815, 816, 818, 819, 820, 823, 825, 827, 841, 844, 846, 849, 850, 857, and 858; ( Order on continued sealing becomes final on 5/17/2035 unless further timely submissions are filed.); granting 874 Joint Motion Regarding Continued Sealing; granting 869 Joint Motion Regarding Continued Sealing; granting 872 Schwendimanns Second Amended Motion for Protecti ve Order for Redaction of Additional Information from Official Transcript; Permanent Sealing GRANTED for Document Number(s): 760, 761, 762, 763, 764, 765, 766, 767, 768, and 769.(Order on continued sealing becomes final on 5/17/2035 unless further timely submissions are filed.)(Written Opinion) Signed by Chief Judge John R. Tunheim on 5/16/2018. (HAZ)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
JODI A. SCHWENDIMANN, f/k/a JODI
A. DALVEY

Civil No. 11-820 (JRT/HB)

Plaintiff,
SEALED
ORDER

v.
ARKWRIGHT ADVANCED COATING,
INC.
Defendant.
ARKWRIGHT ADVANCED COATING,
INC.
Counterclaim Plaintiff,
v.
JODI A. SCHWENDIMANN, f/k/a JODI
DALVEY and COOLER CONCEPTS,
INC.
Counterclaim Defendants.

David A. Davenport, Devan V. Padmanabhan, and Michelle E. Dawson,
WINTHROP & WEINSTINE, PA, 225 South Sixth Street, Suite 3500,
Minneapolis, MN 55402, for Jodi A. Schwendimann and Cooler Concepts,
Inc.
Katherine J. Rahlin, Kurt J. Niederluecke, and Laura L. Myers,
FREDRIKSON & BYRON, PA, 200 South Sixth Street, Suite 4000,
Minneapolis, MN 55402, for Arkwright Advanced Coating, Inc.

Plaintiff Jodi Schwendimann and Defendant Arkwright Advanced Coating, Inc.
(“AACI”), have moved for protective orders with respect to certain documents filed with
the court and for redaction of portions of the trial transcript. The Court will grant the
parties’ motions.
The parties have jointly filed two motions pursuant to Local Rule 5.6(d) for
continued sealing of certain documents. (First Joint Mot. Regarding Continued Sealing,
Dec. 27, 2017, Docket No. 869; Second Joint Mot. Regarding Continued Sealing, Jan. 11,
2018, Docket No. 874.) The parties request that Court seal the following documents:
Docket Nos. 696, 701, 723, 728, 747, 784, 792, 795, 796,
804, 806, 807, 809, 810, 811, 813, 814, 815, 816, 818, 819,
820, 823, 825, 827, 841, 844, 846, 849, 850, 857, and 858.
(Id.) These documents contain information about either (1) product development and
formulation or (2) company financials. The parties made an effort at trial to keep this
evidence confidential by using redacted exhibits as demonstratives when possible and
sequestering Schwendimann and AACI’s corporate representative during testimony about
these topics. (Trial Tr. Vol. II at 79:10-80:12, Nov. 27, 2017, Docket No. 761.) Having
reviewed the motion and the documents filed under seal, as well as all of the files,
records, and proceedings herein, the Court concludes that these documents contain
confidential information and will grant both motions. The Clerk is ordered to seal these
documents.
Schwendimann independently moves to seal the following documents:
Docket Nos. 751-7, 773, 808-5, and 808-6.

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(Schwendimann’s Mot. to Seal, Dec. 22, 2017, Docket No. 864.)
documents

also

contain

information

about

Schwendimann’s

These

financials.

Accordingly, the Court concludes that these documents contain confidential
information and will grant Schwendimann’s motion. The Clerk is ordered to seal
these documents.
Both parties have filed motions for protective orders, seeking redaction of
certain portions of the trial transcript. (AACI’s Mot. for Protective Order, Dec.
18, 2017, Docket No. 829; Schwendimann’s Second Am. Mot. for Protective
Order, Dec. 28, 2017, Docket No. 872.) The parties have stipulated that these
motions are unopposed. (Stipulation, Dec. 28, 2017, Docket No. 871.) The Court
will grant both parties’ motions in their entirety because the cited portions of the
trial transcript contain confidential information about either (1) product
development and formulation or (2) company financials. The Clerk is ordered to
seal the complete trial transcripts. The parties will contact the Court Reporter to
make arrangements for redaction of the trial transcript and will provide the Court
Reporter page and line numbers for the redactions that the Court has granted.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that:
1.

The Joint Motion Regarding Continued Sealing [Docket No. 869] is

GRANTED.

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2.

The Joint Motion Regarding Continued Sealing [Docket No. 874] is

GRANTED.
3.

Schwendimann’s Motion to Seal Exhibits Filed by Defendant in Support of

Post-Trial Motions [Docket No. 864] is GRANTED.
4.

The Clerk shall keep the following confidential documents SEALED:
Docket Nos. 696, 701, 723, 728, 747, 751-7, 773, 784, 792,
795, 796, 804, 806, 807, 808-5, 808-6, 809, 810, 811, 813,
814, 815, 816, 818, 819, 820, 823, 825, 827, 841, 844, 846,
849, 850, 857, and 858.

5.

AACI’s Motion for Protective Order for Redaction of Trial Transcripts

[Docket No. 829] is GRANTED.
6.

Schwendimann’s Second Amended Motion for Protective Order for

Redaction of Additional Information from Official Transcript [Docket No. 872] is
GRANTED.
7.

The Clerk shall keep the following trial transcripts SEALED:
Docket Nos. 760, 761, 762, 763, 764, 765, 766, 767, 768, and
769.

8.

All information and documents sealed by this Order shall be unsealed on

May 17, 2035, unless otherwise ordered by the Court.

DATED: May 16, 2018
at Minneapolis, Minnesota.

______
______
JOHN R. TUNHEIM
Chief Judge
United States District Court

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