The Avon Company et al v. Fareva Morton Grove, Inc. et al

Filing 336

ORDER granting 326 Letter Motion to Seal. Granted. The Clerk of Court shall maintain ECF No. 328 under seal, viewable only to the attorneys for the parties and Chambers personnel. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/6/24) (yv)

Granted. The Clerk of Court shall maintain ECF No.
328 under seal, viewable only to the attorneys for
the parties and Chambers personnel.
SO ORDERED.

February 2, 2024

Dated: 2/6/24
/s/ Alvin K. Hellerstein
New York, New York Alvin K. Hellerstein
United States District Judge

Robert I. Steiner
Kelley Drye & Warren LLP
3 World Trade Center
175 Greenwich Street
New York, NY 10007
Tel: [phone]
Fax: [phone]
[e-mail]

VIA ECF
Hon. Alvin K. Hellerstein
Daniel Patrick Moynihan
United States Courthouse
500 Pearl Street
New York, NY 10007
Re: The Avon Company f/k/a New Avon LLC et al. v. Fareva Morton Grove, Inc. et al., Case
No. 22-cv-4724
Dear Judge Hellerstein:
We represent Plaintiffs The Avon Company f/k/a New Avon LLC and LG H&H Co., Ltd. f/k/a LG
Household & Health Care, Ltd. (collectively, “Avon”) in the above-referenced matter. We write to
respectfully request that the Court enter an Order to maintain under seal the documents discussed
below, copies of which are being contemporaneously filed under seal pursuant to the Court’s standing
order, 19-mc-00583, and this Court’s Individual Rule 4(B)(ii). In support of this Letter Motion, Avon states
as follows:
On October 7, 2022, the Court entered a Stipulated Confidentiality Agreement and Protective
Order (the “Protective Order”). (ECF No. 65.) The Protective Order permits either party to designate
Discovery Material as “Confidential” or “Attorney’s Eyes Only,” and provides that information so
designated may not be disclosed except as expressly permitted under the Protective Order. (ECF No. 65
at ¶¶ 2, 12.)
In addition, pursuant to Section 11.1 of the parties’ Manufacturing and Supply Agreement (the
“MSA”), the parties agreed to “keep completely confidential and not publish or otherwise disclose and
not use, directly or indirectly, for any purpose, any Confidential Information furnished or otherwise made
known to it, directly or indirectly, by or on behalf of the other Party[.]” (ECF No. 7-1 at §11.1.) The MSA
defines “Confidential Information” as “any information provided by or on behalf of one Party . . . relating
to the terms of this Agreement[.]” (ECF No. 7-1 at Definitions.)
On January 11, 2024, Avon filed its Motion for Partial Summary Judgment Concerning Fareva’s
Early Termination of the MSA “For Convenience” (the “Motion”). (See ECF No 270.) In further support
of the Motion, Avon intends to file a Reply brief (the “Reply”).

Hon. Alvin K. Hellerstein
February 2, 2024
Avon respectfully requests that the Court maintain under seal any portions of the Reply that
reference or quote exhibits that were previously filed under seal based on Fareva’s designation of those
materials as Confidential and Attorney’s Eyes Only. Specifically, Avon identifies the following previouslyfiled Confidential or Attorneys’ Eyes Only documents:
1. An email produced by Fareva in this action bearing Bates numbers FMG_00359385 –
FMG_00359390, which Fareva designated as “Confidential” (ECF 275-1; see ECF 265)
2. An email produced by Fareva in this action bearing Bates numbers FMG_00131481 –
FMG_00131484, which Fareva designated as “Confidential” (ECF 275-2; see ECF 265);
3. An email produced by Fareva in this action bearing Bates numbers FMG_00140574 –
FMG_00140575, which Fareva designated as “Attorneys’ Eyes Only” (ECF 275-3; see ECF
265);
4. An email produced by Fareva in this action bearing Bates numbers FMG_00131269 –
FMG_00131271, which Fareva designated as “Attorneys’ Eyes Only” (ECF 275-4; see ECF
265);
5. A letter produced by Fareva in this action bearing Bates number FMG_00006435, which
Fareva designated as “Confidential” (ECF 275-6; see ECF 265);
6. A letter produced by Fareva in this action bearing Bates numbers FMG_00247543 –
FMG_00247544, which Fareva designated as “Confidential” (ECF 275-7; see ECF 265);
7. A letter produced by Fareva in this action bearing Bates numbers FMG_00006472 –
FMG_00006473, which Fareva designated as “Confidential” (ECF 275-8; see ECF 265);
8. An email produced by Fareva in this action bearing Bates numbers FMG_00106908 –
FMG_00106911, which Fareva designated as “Attorneys’ Eyes Only” (ECF 238-2);
9. An email produced by Fareva in this action bearing Bates numbers FMG_00146209 –
FMG_00146211, which Fareva designated as “Confidential” (ECF 171-2);
10. An email produced by Avon in this matter bearing Bates numbers AVON0005385 –
AVON0005410, which Avon designated as “Confidential” (ECF No. 241-1);
11. A true and correct copy of the Asset Purchase Agreement produced by Fareva in this
action bearing Bates numbers FMG_00359576 – FMG_00359785 (ECF 224-1); and
12. An email produced by Fareva in this action bearing Bates numbers FMG_00006801 –
FMG_00006802, which Fareva designated as “Confidential” (ECF 224-2).
Avon respectfully requests that the Court maintain under seal any portions of the Reply that
KELLEY DRYE & WARREN LLP

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Hon. Alvin K. Hellerstein
February 2, 2024
reference or quote any of the foregoing exhibits, subject to any contrary request by Fareva at any time.
In making this sealing request, Avon contends that good cause exists to maintain under seal
thedocuments it has produced as “Confidential” or “Attorneys’ Eyes Only” because (i) Section 11.1 of
theMSA requires Avon to maintain the confidentiality of such documents, and/or (ii) the documents
containsensitive information related to Avon’s financial decisions, and the operations of Avon’s business.
As to documents produced by Fareva, Avon is not contending that good cause exists to designate any of
the foregoing materials as Confidential within the meaning of the Protective Order. Instead, Avon merely
seeks to comply with its obligations under the Protective Order to file under seal documents that Fareva
has designated as Confidential. With Fareva’s permission, Avon is prepared to re-file the foregoing
documents or portions thereof publicly.
Thank you in advance for your consideration of this request.
Respectfully submitted,
/s/ Robert I. Steiner
Robert I. Steiner

cc: All Counsel of Record (via ECF)

KELLEY DRYE & WARREN LLP

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