VISION PHARMA, LLC v. SUNRISE PHARMACEUTICAL, INC.

Filing 101

ORDER and Findings of Fact and Conclusions of Lawgranting 96 Motion to Seal Plaintiff's Memorandum of Law to Compel and Exhibits G and J to Gabathuler Declaration. Signed by Magistrate Judge James B. Clark on 1/17/17. (jr)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

VISION PHARMA, LLC,
Plaint
C.A. No.: 2:13-cv-04692 (CCC) (JEC)
V.

SUNRISE PHARMACEUTICAL, INC.,
Defendant.

ji’R6f(3PJ-FINDINGS OF
FACT AND CONCLUSIONS OF
LAW

Plaintiff, Vision Pharma, LLC, (“Vision” or “Plaintiff’) has filed a Motion to Seal Certain
Materials designated as Confidential (the “Motion to Seal”) in connection with Plaintiffs Motion
to Compel dated October 31, 2016 (“the Motion to Compel”).

Plaintiff has submitted the

Certification of Henry Gabathuler (“the Certification”) and Memorandum of Law in support of
Plaintiffs Motion to Seal. The Court has considered the Motion to Seal and supporting documents
and determines that Plaintiff has satisfied Local Civil Rule 5.3(c):
1.

On August 5, 2014, a Discovery Confidentiality Order (Dkt. No. 26, the “Discovery

Confidentiality Order”) was entered in this case to govern the disclosure, production, and use of
information, documents and tangible things in connection with this Action and provides that a
party producing documents in the course of this action may designate materials as “Confidential”
or “Attorneys’ Eyes Only.”
2.

In an Order dated October 7, 2016 (Dkt. No. 92) the Court granted Defendant’s

Motion to Seal Defendant’s August 19, 2016 letter to the Hon. James B. Clark, III, U.S.M.J. and
Exhibits A-B, D-F and 3 attached thereto (the “Sunrise Letter”).
3.

The Sunrise Letter is attached to the Gabathuler Declaration in support of

Plaintiffs Motion to Compel as Exhibit G and is discussed in Plaintiffs Memorandum of Law in
1

support of the Motion to Compel.
4.

Attached to the Gabathuler Declaration as Exhibit J is an invoice and an inventory

spreadsheet that have been designated by Plaintiff as “Confidential” under the Discovery
Confidentiality Order (the “Confidential Invoice”). The Confidential Invoice and inventory
spreadsheet is discussed in Plaintiffs Memorandum of law in support of the Motion to Compel.
5.

Counsel for Plaintiff has submitted the Certification in support of the Motion to

Seal and stating the nature of the documents in question and its understanding that Plaintiff has a
strong interest in avoiding public disclosure of: the Confidential Invoice; the Sunrise Letter and
Exhibits A-B, D-F, J attached thereto; and the discussion of same in Plaintiffs Memorandum of
law in support of Plaintiffs Motion to Compel (collectively the “Confidential Materials”).
6.

The Certification represents that:
The Confidential Materials contain and/or reference sensitive, non-public

commercial information pertaining to Plaintiffs business including, confidential
documents identifying Plaintiffs customers, service providers and terms of the
respective business arrangements, as well as confidential internal documents
concerning Plaintiffs products and business strategy.
Public disclosure of the Confidential Materials would provide insights into
confidential commercial aspects of Plaintiff s business that a competitor could seek
to exploit and could undermine Plaintiffs business relationships.
The Sunrise Letter (including Exhibits A-B, D-F and 3 attached thereto) and
the Confidential Invoice are replete with confidential information and are discussed
in detail throughout Plaintiffs Memorandum of Law in Support of the Motion to
Compel such that there is no suitable and less restrictive alternative to filing such
documents under seal in this instance.
7.

In view of the foregoing, the Court finds that public disclosure of the Confidential

Materials poses a sufficient risk of harm to Plaintiffs business and Plaintiff has a legitimate
interest in the continued confidentiality of the Confidential Materials.
2

8.

Consequently, the Court finds that Plaintiffs interests in filing the Confidential

Materials under seal satisfies the standards set forth in L. Civ. R. 5.3(c) and that Plaintiffs Motion
to Seal under L. Civ. R. 5.3(c) should be granted and that the Clerk be directed to seal Exhibit G to
the Gabathuler Declaration, Exhibit J to the Gabathuler Declaration and Plaintiffs Memorandum
in support of the Motion to Compel discussing Exhibits G and I of the Gabathuler Declaration.
/l)

( 0,

Dated: Neenrber

—,

LOfl
2&16;

HON. JAMES B. CLARK, III, U.S.M.J.

3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

VISION PHARMA, LLC,
Plain tjf
C.A. No.: 2:13-cv-04692 (CCC) (BC)
V.

[PRøftS1)y- ORDER
GRANTING PLAINTIFF’S
MOTION TO SEAL CERTAIN
MATERIALS

SUNRISE PHARMACEUTICAL, NC.,
Defendant.

THIS MATTER having come before the Court by Leason Ellis LLP, attorneys for plaintiff
Vision Pharma, LLC, (“Vision”), pursuant to L. Civ. R. 5.3(c) to seal certain materials filed with
the Court in connection with Plaintiffs Motion to Compel filed on October 31, 2016; and the
Court having considered the submissions of the parties; and for good cause shown;
IT IS on this

) 7

‘

day of NcYvc1ubLr, 291-6;

ORDERED that Plaintiffs Motion to Seal under L. Civ. R. 5.3(c) is hereby granted; and it is
FURTHER ORDERED that the clerk be directed to seal:
•

Plaintiffs Memorandum of Law in Support of Plaintiffs Motion to Compel filed October
31, 2016; and

•

Exhibits G and I to the Gabathuler Declaration in support of Plaintiffs Motion to Compel.

Ou

N.
HON. JAMES B. CLARK, III, U.S.M.J.