Nielsen Consumer LLC v. The NPD Group, Inc.

Filing 477

ORDER ON MOTION TO SEAL granting 474 Letter Motion to Seal. Therefore, Defendant's Letter Motions to Seal is GRANTED. Defendant is reminded that it is unlikely these items will be permitted to remain under seal if used in connection with a d ispositive motion because of the higher public interest associated with such a filing. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 474. Further, the Clerk of Court is directed to keep the document at ECF No. 476 under seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/10/2025) (mml)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
3/10/2025

NIELSEN CONSUMER LLC,
Plaintiff,
-against-

ORDER ON MOTION TO SEAL
22-CV-3235 (JPO)(KHP)

CIRCANA GROUP, L.P.,
Defendant.
KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE
On March 7, 2025, Defendant filed a Letter Motion requesting to file in redacted form
its Notice of Additional Defenses and its accompanying Exhibit A. (ECF No. 474) Defendant
notes that the redactions are “limited to non-public, competitively sensitive information
concerning the data Circana licenses to NielsenIQ under the parties’ agreement.” (Id.) On
March 7, 2025, Defendant also filed its proposed redactions. (ECF Nos. 475 and 476)
The Court has reviewed Defendant’s filings and finds that the proposed redactions are
narrowly tailored to protect competitively sensitive and confidential information and are
consistent with the Lugosch standard. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110,
120 (2d Cir. 2006) (finding that courts may grant motions to seal where the parties make
“specific, on the record findings . . . demonstrating that closure is essential to preserve higher
values and [sealing] is narrowly tailored to serve that interest”). Therefore, Defendant’s Letter
Motions to Seal is GRANTED.
Defendant is reminded that it is unlikely these items will be permitted to remain under
seal if used in connection with a dispositive motion because of the higher public interest
associated with such a filing.

The Clerk of Court is respectfully directed to terminate the motion at ECF No. 474.
Further, the Clerk of Court is directed to keep the document at ECF No. 476 under seal.
SO ORDERED.
Dated:

March 10, 2025
New York, New York
KATHARINE H. PARKER
United States Magistrate Judge