DZIELAK et al v. WHIRLPOOL CORPORATION et al

Filing 179

FINDINGS OF FACTS AND CONCLUSIONS OF LAW & ORDER granting 176 Motion to Seal certain portions of defts' Brief in opposition to Pltfs' Motion for Class Certification. Signed by Magistrate Judge James B. Clark on 6/6/2016. (nr, )

McCARTER & ENGLISH, LLP
four Gateway Center
100 Mulberry Street
Newark, New Jersey 07102
[phone]
Attorneys for Defendants
Whirlpool Corporation, Lowe’s Home Centers, LLC,
Sears Holdings Corporation, and fry’s Electronics, Inc.

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

CHARLENE DZIELAK, SHELLEY BAKER,
FRANCIS ANGELONE, BRIAN MAXWELL,
JEFFERY REID, KARl PARSONS, CHARLES
BEYER, JONATHAN COHEN, JENNIFER
SCHRAMM, and ASPASIA CHRISTY on behalf
of themselves and all others similarly situated,
Plaintiffs,

Civil Action No. 2:12-cv-00089-KM-JBC
Honorable Kevin McNulty
Honorable James B. Clark, III

PROPOSED FINDINGS OF FACT
AND CONCLUSIONS OF LAW

V.

WHIRLPOOL CORPORATION, LOWE’S HOME
CENTERS, LLC, SEARS HOLDINGS
CORPORATION, TI-IE HOME DEPOT (U.S.A.),
INC., FRY’S ELECTRONICS, INC. and
APPLIANCE RECYCLING CENTERS OF
AMERICA, INC.,
Defendants.

Defendants Whirlpool Corporation, Lowe’s Home Centers, LLC, Sears Holdings
Corporation, and fry’s Electronics, Inc. (“Defendants”) have filed a Motion to Seal
(“Defendants’ Motion”) certain designated portions of Defendants’ Brief in Opposition to
Plaintiffs’ Motion for Class Certification, certain designated portions of declarations filed in

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support, certain exhibits filed in further support, and their expert reports. The Court has
considered the Motion and determines that Defendants have satisfied Local Civil Rule 5.3(c):
1.

The parties entered into a Discovery Confidentiality Order to protect from

disclosure discovery materials containing trade secrets, commercially sensitive information, and
other proprietary and confidential business matters, and discovery in this case includes trade
secrets, proprietary information, commercially sensitive information, and other proprietary and
confidential business matters.
2.

Defendants’ Motion seeks to seal (I) confidential designated portions of

Defendants’ Brief; (2) confidential designated portions of the Declaration of J.B. Hoyt; (3)
exhibits 4, 5, 8, and 9 to the Declaration of J.B. Hoyt; (4) confidential designated portions of the
Declaration of David M. Whitehead; (5) exhibit Ito the declaration of David M. Whitehead; (6)
confidential designated portions of the Declaration of Christopher Chisek; and (7) exhibits 1, 2,
and 3 to the Declaration of Christopher Chisek. In addition, Defendants seek to seal the expert
reports of John R. Fessler, Ph.D., P.E., M. Laurentius Marais, Ph.D., Peter E. Rossi, and Carol A.
Scott, Ph.D. because they extensively quote from and reference Plaintiffs’ expert reports, which
were filed under seal.
3.

The Court concludes that Defendants have a legitimate interest in the continued

confidentiality of the information and documents described above. The documents contain
proprietary engineering information, including highly sensitive trade secrets concerning the
technology and mechanical and electrical components found in clothes washers; proprietary
internal energy testing procedures, including confidential internal test results; and confidential
information relating to pricing strategies and marketing. In addition, the Court concludes that the
expert reports of John R. Fessler, Ph.D., P.E., M. Laurentius Marais, Ph.D., Peter E. Rossi, and

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Carol A. Scott, Ph.D. extensively quote from and reference Plaintiffs’ expert reports, which were
filed under seal, and thus should likewise be sealed.
Consequently, the Court orders that Defendants’ Motion under Local Civil Rule 5.3(c) is
granted and that the Clerk is directed to seal the following documents:
1.

Confidential designated portions of Defs.’ Brief;

2.

Confidential designated portions of the Declaration of J.3. Hoyt;

3.

Exhibits 4, 5, 8, and 9 to the Declaration of J.B. Hoyt;

4.

Confidential designated portions of the Declaration of David M. Whitehead;

5.

Exhibit I to the Declaration of David M. Whitehead;

6.

Confidential designated portions of the Declaration of Christopher Chisek;

7.

Exhibits 1, 2, and 3 to the Declaration of Christopher Chisek;

8.

Expert Report of John R. fessler, Ph.D., P.E.;

9.

Expert Report of M. Laurentius Marais, Ph.D.;

10.

Expert Report of Peter E. Rossi; and

11.

Expert Report of Carol A. Scott, Ph.D.

Dated: jne(Q1

jo
James B.

(&I

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