Kim v. Coach, Inc, et al

Filing 40

MOTION to Seal Defendants' Motion to Strike Class Allegations and Declarations of John Macaluso and Nancy Axilrod by Defendants Coach Services Inc, Coach, Inc., Counter Claimant Coach, Inc.. (Attachments: # 1 Proposed Order) Noting Date 4/22/2011, (Keehnel, Stellman)

THE HONORABLE RICARDO S. MARTINEZ

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

8
9
10
11

GINA KIM, on behalf of a class consisting
of herself and all other persons similarly
situated,

12
13
14
15

v.

COACH, INC., a Maryland corporation,
and COACH SERVICES, INC., a
Maryland corporation,

16

19
20
21
22

25

NOTE ON MOTION CALENDAR:
APRIL 22, 2011

Pursuant to Local Rule 5(g), defendants Coach, Inc. and Coach Services, Inc.
(collectively, “Defendants” or “Coach Companies”) hereby respectfully make this request to
have the following documents, filed herewith, filed under seal:
1.

Defendants’ Motion to Strike Class Allegations (the “Motion to Strike”);

2.

Declaration of John Macaluso (and attached exhibits) in Support of Defendants’

23
24

DEFENDANTS’ MOTION TO SEAL
MOTION TO STRIKE CLASS
ALLEGATIONS AND DECLARATIONS
OF JOHN MACALUSO AND NANCY
AXILROD

Defendants, and, as to
Coach, Inc., counterclaim
plaintiff.

17
18

Plaintiffs, and as to Ms.
Kim, counterclaim
defendant,

NO. 2:11-cv-00214-RSM

Motion to Strike (the “Macaluso Declaration”);
3.

Declaration of Nancy Axilrod in Support of Defendants’ Motion to Strike (the
“Axilrod Declaration”).

26
DEFENDANTS’ MOTION TO SEAL
MOTION TO STRIKE CLASS
ALLEGATIONS AND DECLARATIONS – 1
NO. 2:11-cv-00214-RSM

DLA Piper LLP (US)
701 Fifth Avenue, Suite 7000
Seattle, WA 98104-7044 ● Tel: [phone]

1

The Macaluso and Axilrod Declarations are filed in connection with the Court’s consideration

2

of Defendants’ Motion to Strike the class allegations from the Second Amended Complaint

3

filed by plaintiff Gina Kim (Dkt. No. 20-1). See Declaration of Patrick Eagan in Support of

4

Coach Companies’ Motion to Seal Motion to Strike Class Allegations and Declarations of John

5

Macaluso and Nancy Axilrod (“Eagan Dec.”) ¶ 2.

6

There are sufficient and compelling reasons to permit the filing of the Motion to Strike

7

and the Macaluso and Axilrod Declarations under seal. Local Rule 5(g)(1) provides for filing

8

under seal where “the public’s right of access is outweighed by the interests of the public and

9

the parties in protecting files, records, or other documents from public review.” Sealing

10

documents in the Court record is appropriate where the documents contain confidential or

11

sensitive business information. See Omax Corp. v. Flow Intern. Corp., No. C04-2334RSL,

12

2007 WL 3232540, *1 (W.D. Wash., Oct. 31, 2007) (sealing certain documents relating to

13

businesses’ “long-term strategic plans, proprietary software, control methodology and cutting

14

models, and/or customer and competitor research,” where “disclosure . . . would put [parties] at

15

a competitive disadvantage”).

16

The Motion to Strike and Macaluso and Axilrod Declarations contain highly

17

confidential business information concerning how Coach Companies identify counterfeit

18

products, the public disclosure of which would enable counterfeiters to evade detection and

19

which would harm Coach Companies’ business. See Eagan Dec. ¶¶ 3-5; Macaluso Dec. ¶ 1;

20

Axilrod Dec. ¶ 1. Online sales of counterfeit products are a major problem for intellectual

21

property holders such as Coach. Eagan Dec. ¶¶ 3-5; Macaluso Dec. ¶ 3; Axilrod Dec. ¶ 3.

22

Online sales of counterfeit products also injure the general public, who believe that they are

23

obtaining high-quality merchandise and instead receive poor-quality knockoffs. The Motion to

24

Strike and the Macaluso and Axilrod Declarations contain information concerning Coach

25

Companies’ efforts to monitor and enforce Coach Companies’ intellectual property rights on

26

the internet. Eagan Dec. ¶¶ 3-5. Coach Companies do not seek to file their entire Motion to
DEFENDANTS’ MOTION TO SEAL
MOTION TO STRIKE CLASS
ALLEGATIONS AND DECLARATIONS – 2
NO. 2:11-cv-00214-RSM

DLA Piper LLP (US)
701 Fifth Avenue, Suite 7000
Seattle, WA 98104-7044 ● Tel: [phone]

1

Strike and the Macaluso and Axilrod Declarations under seal. Rather, as soon as possible after

2

consulting with opposing counsel regarding the acceptability of proposed redactions, Coach

3

Companies will file redacted versions of the Motion to Strike and Macaluso and Axilrod

4

Declarations, which documents will be accessible to the public.

5

Companies respectfully request that the Court grant the motion and permit Coach Companies to

6

file the Motion to Strike and Macaluso and Axilrod Declarations under seal.

Accordingly, Coach

7
8
9

Dated this 14th day of April, 2011.
DLA Piper LLP (US)

10
11
12
13
14
15
16
17

By: s/ Stellman Keehnel
Stellman Keehnel, WSBA No. 9309
R. Omar Riojas, WSBA No. 35400
Patrick Eagan, WSBA No. 42679
DLA Piper LLP (US)
701 Fifth Avenue, Suite 7000
Seattle, WA 98104
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for defendant and counterclaim plaintiff
Coach, Inc., and defendant Coach Services, Inc.

18
19
20
21
22
23
24
25
26
DEFENDANTS’ MOTION TO SEAL
MOTION TO STRIKE CLASS
ALLEGATIONS AND DECLARATIONS – 3
NO. 2:11-cv-00214-RSM

DLA Piper LLP (US)
701 Fifth Avenue, Suite 7000
Seattle, WA 98104-7044 ● Tel: [phone]

1

CERTIFICATE OF SERVICE

2

I hereby certify that on April 14, 2011, I electronically filed the foregoing with the

3

Clerk of the Court using the CM/ECF system which will send notification of such filing to all

4

counsel of record.

5

Dated this 14th day of April, 2011.

6
/s/ Stellman Keehnel
Stellman Keehnel, WSBA No. 9309

7
8
9

WEST\223350251.1

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
DEFENDANTS’ MOTION TO SEAL
MOTION TO STRIKE CLASS
ALLEGATIONS AND DECLARATIONS – 4
NO. 2:11-cv-00214-RSM

DLA Piper LLP (US)
701 Fifth Avenue, Suite 7000
Seattle, WA 98104-7044 ● Tel: [phone]