MINIMETALS, INC. V. DRAGON BOOM, LTD.

Filing 161

ORDER OR OPINION granting 155 Motion to Seal Document. Signed by Magistrate Judge Cathy L. Waldor on 10/16/15. (cm )

Kevin G. Walsh
GIBBONS P.C.
One Gateway Center
Newark, New Jersey 07102-53 10
[phone]
kwalsh(iihhonslawcom
Lawrence H. Cooke 11 (pro hoc vice)
Thomas J. Welling, Jr. (pro hac vice)
VENABLE LLP
Rockefeller Center
1270 Avenue of the Americas, 24th Floor
New York, New York 10020
[phone]
William H. Devaney pro hac vice)
BAKER & McKENZIE LLP
452 Fifth Avenue
New York, New York 10018
[phone]

Attorneys for Defendants B&H American. Inc.,
Gary International Holdings, Lid., Hangzhou
Baohang Industrial Investment Group, Ltd.,
Mm Dang and Xiyou Xu
UNiTED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
MINMETALS, It’C.,
Plaintiff,

Case No.: 13-cv-3834 (KSH)(CLW)

vs.

Document Filed Electronically
DRAGON BOOM, LTD., a British Virgin Islands limited
company: B&H AMERICAN, INC.. a New Jersey
Corporation; UNITED RESOURCES USA, INC., a New
ORDER OR OPINION TO SEAL
Jersey Corporation; GARY INTERNATIONAL
HOLDINGS, LTD., a Hong Kong limited company;
HANGZHOU BAOHANG INDUSTRIAL INVESTMENT
GROUP, LTD., a People’s Republic of China limited
company; DANG MIN (a.k.a. MIN DANG), an individual;
LI ZHENG. an individual; XIYOU XU (a.k.a. GRACE
XU), an individual; ABC CORPORATIONS 1-10, and
JOHN DOES 1-10,
Defendants.

THIS MAflER having been opened to the Court by way of Defendants
B&H American, Inc. (“B&H”), Gaty International Holdings, Inc. (“Gary”),
Hangzhou Baohang Industrial Investment Group, Ltd. (“Hangzhou”), Mm Dang
(“Dang”) and Xiyou Xu (“Xu”) (collectively, the “Baohang Defendants”) Motion,
pursuant to Local Civil Rule 5.3, to seal the following documents:
•

The Baohang Defendants’ Memorandum of Law in Opposition to

Plaintiffs Motion for Sanctions;
•

The Declaration of Miii Dang in support of the Baohang Defendants’

Opposition to Plaintiff’s Motion for Sanctions;
•

The Certification of James Schmitz, Esq. in support of the Baohang

Defendants’ Opposition to Plaintiffs Motion for Sanctions;
•

The Declaration of William H. Devaney, Esq. in support of the

Baohang Defendants’ Opposition to Plaintiffs Motion for Sanctions; and
•

Exhibits ito 17 to the Declaration of William It Devaney, Esq. in

support of the Baohang Defendants’ Opposition to Plaintiff’s Motion for
Sanctions.
Having considered the papers submitted on behalf of the parties and good
ccv k%. tc’r
cause having been shown, the Court finds that the instant Motion to Seal is
submitted in accordance with the terms of the Discovery Confidentiality Order
entered by this Court on August 4, 2014. [ECF No. 83]. The Court further finds
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that the documents the Baohang Defendants seek to seal contain sensitive
information produced by the Plaintiff and Defendants that have been designated
confidential under the Discovery Confidentiality Order.

Specifically, the

information the Baohang Defendants seek to seal contains commercially sensitive
information about the parties’ trade secrets, competitively sensitive technical,
marketing, financial, sales or other confidential business information and private or
confidential personal information.

The Court also finds that the legitimate

confidential interests of the parties outweigh any public interest in the materials at
issue and that a clearly defined and serious injury would result if the motion to seal
were denied. Finally, the Court finds that the contents of the Memorandum of Law
and accompanying declarations and exhibits are such that a less restrictive
alternative to the relief sought is not available. Accordingly,
IT ISonthis’day of

,2015:

ORDERED that the documents listed above, which contain commercially

sensitive information about Plaintiffs and Defendants’ business, having been
designated by the parties as confidential in accordance with the Discovery
Confidentiality Order entered by this Court on August 4, 2014, are to be filed
under seal.

Hon.
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L. Wraldor U.S.M.J.