COMMSCOPE, INC v. ROSENBERGER TECHNOLOGY KUNSHAN CO, LTD., et al

Filing 499

ORDER GRANTING JOINT MOTION TO SEAL NOVEMBER 17, 2021 HEARING TRANSCRIPT 493 that, pursuant to L. Civ. R. 5.3(g)(2), the parties shall submit to the transcription agency the redacted version of the Transcript of the Telephone Conference held on November 17, 2021 before Magistrate Judge Leda Dunn Wettre within seven days of the date of the within Order; etc. Signed by Magistrate Judge Leda D. Wettre on 1/10/2022. (sm)

Case 2:19-cv-15962-JXN-LDW Document 499 Filed 01/10/22 Page 1 of 4 PageID: 41891

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CommScope, Inc., CommScope Inc. of
North Carolina, and CommScope
Technologies, LLC,
Plaintiffs,
v.
Rosenberger Technology (Kunshan)
Co. Ltd., Rosenberger Asia Pacific
Electronic Co., Ltd., Rosenberger
Technology LLC, Rosenberger USA
Corp., Rosenberger North America
Pennsauken, Inc., Rosenberger Site
Solutions, LLC, Rosenberger
Hochfrequenztechnik GmbH & Co.
KG, Northwest Instrument, Inc., and
CellMax Technologies AB,
Defendants.

) Civil Action No. 19-cv-15962-JXN) LDW
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ORDER GRANTING JOINT
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MOTION TO SEAL
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NOVEMBER 17, 2021
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HEARING TRANSCRIPT
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THIS MATTER having come before the Court by way of the Joint Motion
to Seal Pursuant to L. Civ. R. 5.3 (the “Motion”) by Faegre Drinker Biddle & Reath
LLP and Norris McLaughlin, P.A., attorneys for Plaintiff CommScope, Inc.,
CommScope Inc. of North Carolina, and CommScope Technologies, LLC
(“CommScope”), and Milbank LLP and Lowenstein Sandler LLP, attorneys for
Defendants Rosenberger Technology (Kunshan) Co. Ltd., Rosenberger Asia Pacific
Electronic Co., Ltd., Rosenberger Technology LLC, Rosenberger USA Corp.,

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Rosenberger North America Pennsauken, Inc., Rosenberger Site Solutions, LLC,
Rosenberger Hochfrequenztechnik GmbH & Co. KG, Northwest Instrument, Inc.,
and CellMax Technologies AB (collectively, “Rosenberger” and, together with
CommScope, the “Movants”), seeking to seal portions of the Transcript of the
Telephone Conference held on November 17, 2021 before Magistrate Judge Leda
Dunn Wettre (ECF No. 488) (the “Identified Materials”).
Movants seek to seal the following Identified Materials, as indicated in the
Consolidated Index (ECF No. 493-1): Portions of the Transcript of the Telephone
Conference held on November 17, 2021 before Magistrate Judge Leda Dunn
Wettre, specifically portions of pages 9-10; 16-19; 23; 9-15; and 20-22 of the
transcript.
The Court having considered the factors contained in L. Civ. R. 5.3(c)(3),
makes the following Findings of Fact and Conclusions of Law:
1.

Movants have a legitimate interest in maintaining the confidentiality of

the information to protect its disclosure. Specifically, the Identified Materials that
Movants seek to seal are statements that disclose information contained in discovery
materials that have been designated confidential or Attorneys’ Eyes Only by the
propounding party and that contain confidential and proprietary information
pertaining to the Movants’ business operations.
2.

Before the production of any documents, the parties agreed to a

Discovery Confidentiality Order governing the treatment of confidential
information. The Court entered the Discovery Confidentiality Order on September

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24, 2019. The Identified Materials fall within the Discovery Confidentiality Order’s
description of materials that may be designated confidential in this action.
3.

In light of the sensitive nature of the Identified Materials, the Court

finds that public disclosure of the confidential information would result in clearly
defined and serious injury and that any public interest in the confidential information
is outweighed by the interests of the Movants in maintaining confidentiality.
4.

No less restrictive alternative is available.

WHEREAS, the Court having found that there is good cause to grant the
motions to seal under the factors set forth in L. Civ. R. 5.3(c)(3).
IT IS on this day, January 10, 2022:
ORDERED that Movants’ motion to seal (ECF No. 493) is
hereby GRANTED; and it is further
ORDERED that, pursuant to L. Civ. R. 5.3(g)(2), the parties shall submit to
the transcription agency the redacted version of the Transcript of the Telephone
Conference held on November 17, 2021 before Magistrate Judge Leda Dunn Wettre
within seven days of the date of the within Order; and it is further
ORDERED that pursuant to L. Civ. R. 5.3(g)(2), the transcription agency
shall submit the redacted version of the Transcript of the Telephone Conference held
on November 17, 2021 before Magistrate Judge Leda Dunn Wettre to the Clerk of
Court for purposes of electronic filing on the docket.

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ORDERED that the Clerk of Court is directed to terminate the motion to
seal (ECF No. 493).

Honorable Judge Leda Dunn Wettre
United States Magistrate Judge