PREMIERE MARKETING LLC v. BURROUGHS et al

Filing 23

ORDER granting 19 Motion to Redact transscript of Settlement Hearing. Signed by Magistrate Judge Cathy L. Waldor on 3/1/18. (sr, )

ARCHER & GREINER, P.C.
Court Plaza South West Wing
21 Main Street, Suite 353
Hackensack, New Jersey 07601-7095
[phone]
Attorneys for Plaintiff, Premiere Marketing LLC
—

BY:

Kimberly A. Capadona, Esq. (kcapadona @ archerlaw .com)
Ashley M. LeBrun, Esq. ([e-mail])
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

PREMIERE MARKETING LLC,
Plaintiff,
Civil Action No. 2:18-cv-00290-ES-CLW
V.

ORDER TO SEAL

NATHAN BURROUGHS, NICHOLAS
GEROME, TAURUS ADVISORY GROUP
LLC, and STANDARD COMMODITIES
LLC alkla STANDARD COMMODITIES
LLP,
Defendants.

This matter having come before the Court by way of a joint Motion to Seal Judicial
Proceedings and Transcript, filed by plaintiff, Premiere Marketing LLC, and defendants, Nathan
Burroughs, Nicholas Gerome, Taurus Advisory Group LLC, and Standard Commodities LLC a/k/a
Standard Commodities LLP, (collectively, “the Parties”), pursuant to Local Rule of Civil
Procedure 5.3; and the Court having considered the Affidavit of Paul Shagawat in support;
AND IT APPEARING TO THE COURT THAT:
(a) the Parties seek to seal the hearing and “Transcript of Settlement Hearing Before the
Honorable Cathy L. Waldor United States Magistrate Judge”, dated January 18, 2018 (hereinafter
the “Judicial Proceedings”);

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(b) the Parties have demonstrated legitimate private and public interests warranting the
relief sought. With respect to a private interest, the Judicial Proceedings and Transcript contain
trade secrets, specifically the identification and discussion of clients, prospective clients, and
Channel Partners, as well as the terms of a negotiated deal made between the Parties in furtherance
of settlement (collectively, “Confidential Information”). This Confidential Information derives
independent economic value from not being generally known or publicly made available. The
Parties have a joint interest in maintaining the trade secrets as Confidential Information, in
avoiding financial harm to the Parties by disclosure of same, in avoiding harm to the Parties’
standing in the marketplace, and in avoiding loss of competitive advantages to the Parties. With
respect to a public interest, the Parties have demonstrated legitimate public interests warranting
the relief sought, specifically, to encourage disclosure of Confidential Information during
settlement and to negotiate such settlements without the fear of losing the confidential nature of
the information;
(c) the Parties have demonstrated a clearly defined and serious injury that would result if
the relief sought is not granted, specifically, that trade secrets and information previously
safeguarded by the Parties as confidential would be disclosed, and that the Parties would be harmed
financially, in their standing in the marketplace, and in their competitive advantages from such
disclosure, and that the disclosure of such information would make Plaintiff in breach of his
contractual duties under contracts with clients to maintain confidentiality;
(d) the Parties demonstrated that a less restrictive alternative to the relief sought is not
available because without an order sealing, the Transcript becomes electronically filed and
searchable on the Internet and the information would lose its confidential nature forever;

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(e) the Court previously sealed the Judicial Proceedings and Transcript on January 18,
2018; and
(f) no party or known nonparty objects toig request;
IT IS THEREFORE on this
1.

day of

y 2018 ORDERED as follows:

the Parties’ Joint Motion to Seal Judicial Proceedings and Transcript of Settlement

Hearing Before the Honorable Cathy L. Waldor United States Magistrate Judge, dated January 18,
2018 is GRANTED.
2.

the Transcript of Settlement Hearing Before the Honorable Cathy L. Waldor United

States Magistrate Judge, dated January 18, 2018 and Judicial Proceedings of January 18, 2018 are
hereby SEALED.

HON. EHRS, U.SJ.
213892714v1

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