Price et al v. L'Oreal USA, Inc. et al

Filing 296

ORDER granting 295 Letter Motion to Seal. It is hereby ORDERED that, Defendants' motion to seal is GRANTED. The parties shall publicly file redacted versions and file under seal unredacted versions of Defendants' Memorandum of Law in S upport of Defendants' Motion to Decertify the Classes and to Exclude the Expert Testimony of Jean-Pierre Dub; Exhibit 2 to the Declaration of Frederick B. Warder III; Exhibit 13 to the Declaration of Joshua Kipnees; and Exhibit E of the Declaration of Rachel Soffin. The Clerk of Court is respectfully directed to close the motion at Docket No. 295. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/3/2021) (cf)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
BRANDI PRICE, et al.,
:
Plaintiffs, :
:
-against:
:
L’OREAL USA, INC., et al.,
:
Defendants. :
------------------------------------------------------------ X

17 Civ. 614 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, pursuant to the Court’s October 23, 2020, Order (Dkt. No. 290), the parties
e-mailed their papers in connection with Defendants’ motion for decertification and any related
motions to exclude expert testimony (the “Motions”) to Chambers.
WHEREAS, on January 29, 2021, Defendants filed a motion to redact and file under seal
unredacted versions of Defendants’ Memorandum of Law in Support of Defendants’ Motion to
Decertify the Classes and to Exclude the Expert Testimony of Jean-Pierre Dubé; Exhibit 2 to the
Declaration of Frederick B. Warder III; Exhibit 13 to the Declaration of Joshua Kipnees; and
Exhibit E of the Declaration of Rachel Soffin filed in connection with the Motions, which contain
materials designated “Confidential” pursuant to the Joint Confidentiality Stipulation and
Protective Order at Docket No. 73. Dkt. No. 295. It is hereby
ORDERED that, Defendants’ motion to seal is GRANTED. The parties shall publicly file
redacted versions and file under seal unredacted versions of Defendants’ Memorandum of Law in
Support of Defendants’ Motion to Decertify the Classes and to Exclude the Expert Testimony of
Jean-Pierre Dubé; Exhibit 2 to the Declaration of Frederick B. Warder III; Exhibit 13 to the
Declaration of Joshua Kipnees; and Exhibit E of the Declaration of Rachel Soffin. Although “[t]he
common law right of public access to judicial documents is firmly rooted in our nation’s history,”
this right is not absolute, and courts “must balance competing considerations against” the

presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119–20 (2d Cir.
2006) (internal quotation marks omitted); see also Nixon v. Warner Commc’ns., Inc., 435 U.S.
589, 599 (1978) (“[T]he decision as to access is one best left to the sound discretion of the trial
court, a discretion to be exercised in light of the relevant facts and circumstances of the particular
case.”). Filing the above-referenced document in redacted form is necessary to prevent the
unauthorized dissemination of confidential business information.
The Clerk of Court is respectfully directed to close the motion at Docket No. 295.

Dated: February 3, 2021
New York, New York