Krausz Industries Ltd. v. Smith-Blair, Inc., et al

Filing 184

ORDER granting 163 Motion to Seal - Signed by District Judge Louise Wood Flanagan on 7/15/2016. (Tripp, S.)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
Western Division
No. 5:12-CV-00570-FL

KRAUSZ INDUSTRIES LTD.
f/k/a Krausz Metal Industries Ltd.,
Plaintiff,
v.
SMITH-BLAIR, INC., SENSUS USA,
INC. and SENSUS MANUFACTURING
SHANGHAI LIMITED,
Defendants.

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ORDER

This matter comes before the Court on Defendant Smith-Blair Inc.’s Motion to Seal
Exhibits H and I to Plaintiff’s Memorandum in Support of It’s [sic] Motion to Compel
Production of Documents from Defendants Smith-Blair, Inc. and Sensus USA, Inc.
WHEREAS, the deposition testimony attached to Plaintiff Krausz Industries, Ltd.’s
Memorandum in Support of It’s [sic] Motion to Compel Production of Documents from
Defendants Smith-Blair, Inc. and Sensus USA, Inc. [DE 157] (the “Krausz Memorandum”) as
Exhibits H and I contain non-public commercial information belonging to Smith-Blair, Inc.
(“Smith-Blair”) concerning its acquisition of the 421 Top Bolt® products accused of
infringement in this case and concerning its internal budgeting processes; and
WHEREAS, the deposition testimony attached to the Krausz Memorandum as Exhibits H
and I will be designated by Smith-Blair as “HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY” pursuant to the Stipulated Protective Order in this case [DE 106]; and

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WHEREAS, it appears to the Court that Smith-Blair claims, in good faith, that disclosure
of the nonpublic commercial information contained in Exhibits H and I to the Krausz
Memorandum could cause harm to Smith-Blair’s competitive position; and
WHEREAS, it appears to the Court that Krausz believes that consideration of the
information set forth in Exhibits H and I to the Krausz Memorandum is necessary for Krausz to
present its pending motion to compel discovery; and
WHEREAS, the public’s right to access to such information is outweighed by the interest
which Smith-Blair claims in protecting against its public disclosure; and
WHEREAS, the Court has provided notice to the public of Smith-Blair’s motion to seal;
and
WHEREAS, it appears that less restrictive alternatives to sealing would not be practical
or adequate to preserve the confidentiality of the information in question;
NOW, THEREFORE, upon consideration of Defendant Smith-Blair, Inc.’s Motion to
Seal Exhibits H and I to Plaintiff’s Memorandum in Support of It’s [sic] Motion to Compel
Production of Documents from Defendants Smith-Blair, Inc. and Sensus USA, Inc., the
memorandum in support thereof, and the entire record herein, it is hereby
ORDERED that Defendant Smith-Blair, Inc.’s Motion to Seal Exhibits H and I to
Plaintiff’s Memorandum in Support of It’s [sic] Motion to Compel Production of Documents
from Smith-Blair, Inc. and Sensus USA, Inc. is hereby GRANTED; and it is
FURTHER ORDERED that Exhibits H and I to Plaintiff Krausz Industries, Ltd.’s
Memorandum in Support of It’s [sic] Motion to Compel Production of Documents from
Defendants Smith-Blair, Inc. and Sensus USA, Inc. [DE 157] be FILED UNDER SEAL.

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