Bobrick Washroom Equipment, Inc. v Scranton Products, Inc.
Filing
307
MEMORANDUM OPINION - Accordingly, the Court 'finds that SP has properly designated the information contained in the 27 documents as AEO in accordance with the Protective Order. A separate order follows.Signed by Honorable Robert D. Mariani on 3/3/17. (jfg)
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THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
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BOBRICK WASHROOM
EQUIPMENT, INC.
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Plaintiff,
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v.
3: 14-CV-00853
(JUDGE MARIANI)
SCRANTON PRODUCTS, INC.
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Defendant.
MEMORANDUM OPINION
Before the Court is a request by Defendant Scranton Products, Inc. (liSP") to uphold
certain Attorneys Eyes Only ("AEO") designations that Bobrick has challenged. (Doc. 200).
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For the reasons that follow, Defendant's request will be granted.
The Protective Order currently in place in this litigation governs "any document
information, or other thing furnished by any party, to any other party," and further provides
that each producing party may designate certain documents and information as
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"Confidential" and/or AEO. (Doc. 60). Under the Protective Order, a producing party may
designate certain documents and information as "Confidential" when the information sought
to be designated is "comprised of technical, financial, customer, or other commercial
information which is not publicly known and is maintained by its possessors in confidence,
or other information required by law or agreement to be kept confidential." (Doc. 60 at ~ 2).
For documents and information "comprised of trade secrets, confidential research and
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development, or other confidential technical information" the producing party may designate
such documents and information as AEO. (Id.). The Protective Order further provides:
If, after conferring, the party seeking to designate documents or information as
Attorneys' Eyes Only and the objecting party are unable to agree on whether documents
or information should be designated for Attorneys' Eyes Only, the party seeking to
designate the documents or information shall within three (3) business days submit the
specific information to the Court in camera. The submission shall be accompanied by a
written explanation setting forth the producing party's basis for designating the
documents or information at issue for Attorneys' Eyes Only, and should attach the
producing party's original notice and the objecting party's written objection. The Court
shall then examine the specific documents or information in camera and determine
whether such documents or information shall be designated for Attorneys' Eyes Only, in
whole or in part. The party seeking the designation shall bear the burden of
demonstrating that there is good cause and a reasonable basis in law and fact for the
designation. Should the Court agree that documents or information shall be deSignated
for Attorneys' Eyes Only, in whole or in part, the party producing the document(s) or
information shall designate it by marking it as set forth in Paragraph 3(b)(i), above.
(Id. at ~ 3(b)(iii).
SP's AEO designations in the 27 documents at issue fall into three categories: (1)
"internal documents generated as part of a 2013 research-and-development project aimed
at reducing the manufacturing costs-and thereby increasing the profitability-of [SP's]
HOPE toilet partitions," (Doc. 200, at 3); (2) "cost reduction measures ... concerning toilet
partition components-specifically, locks, hinges, and other hardware" which SP asserts
"are measures that Bobrick could adopt for the toilet partition products that it sells," (/d. at
6); and (3) "information that relates to employee and company goals and performance on
confidential development and financial matters that is contained in the written selfassessments and performance of its employees." (ld. at 7). Upon review of the parties'
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submissions, (Docs. 200-201), in camera review of the documents and information in
question, and counsel's arguments at the February 23,2017 Status Conference, the Court
finds that SP has demonstrated "good cause" to uphold its AEO designations by articulating
concrete and specific harms that would result from de-designation. As SP cogently argues,
among other things:
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It is difficult to conceive of information more deserving of AEO protection in litigation
between competitors than information that reflects that project savings and profitability of
existing and potential product formlJlations that was generated as part of an R&D
initiative aimed at reducing costs. Dissemination of this information throughout Bobricks'
organization creates a substantial risk of harm to Scranton Product's business, as it
could be used to allow Bobrick to undersell Scranton Products in the market and/or
develop products to compete with Scranton Products' most popular or most profitable
offerings.
(Doc. 200, at 4-5). Accordingly, the Court 'finds that SP has properly designated the
information contained in the 27 documents as AEO in accordance with the Protective Order.
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Aseparate order follows.
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