Kim v. Coach, Inc, et al

Filing 47

REPLY, filed by Defendants Coach Services Inc, Coach, Inc., Counter Claimant Coach, Inc., TO RESPONSE to 40 MOTION to Seal Defendants' Motion to Strike Class Allegations and Declarations of John Macaluso and Nancy Axilrod (Keehnel, Stellman)

THE HONORABLE RICARDO S. MARTINEZ

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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

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v.

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

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

NO. 2:11-cv-00214-RSM
DEFENDANTS’ REPLY IN SUPPORT
OF MOTION TO SEAL MOTION TO
STRIKE CLASS ALLEGATIONS AND
DECLARATIONS OF JOHN
MACALUSO AND NANCY AXILROD

NOTE ON MOTION CALENDAR:
APRIL 22, 2011

Defendants, and, as to
Coach, Inc., counterclaim
plaintiff.
Defendants Coach, Inc. and Coach Services, Inc. (collectively, “Defendants”) hereby
submit their reply in support of their motion to seal (Dkt. No. 40). Plaintiff has not filed an
opposition to Defendants’ motion to seal. Defendants have been working with plaintiff’s
counsel on proposed redactions of Defendants’ Motion to Strike Class Allegations (the “Motion
to Strike”), of the Declaration of John Macaluso in Support of Defendants’ Motion to Strike
(the “Macaluso Declaration”), and of the Declaration of Nancy Axilrod in Support of
Defendants’ Motion to Strike (the “Axilrod Declaration”). As soon as possible, Defendants
will file redacted versions of the Motion to Strike and Macaluso and Axilrod Declarations,
which documents will be accessible to the public.
REPLY IN SUPPORT OF 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]

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Proposed redactions will be strictly limited to portions of the Motion to Strike and

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Macaluso and Axilrod Declarations that contain highly confidential business information

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concerning how Defendants identify counterfeit products, the public disclosure of which would

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enable counterfeiters to evade detection and which would harm Defendants’ business. See

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Omax Corp. v. Flow Intern. Corp., No. C04-2334RSL, 2007 WL 3232540, *1 (W.D. Wash.,

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Oct. 31, 2007) (sealing certain documents relating to businesses’ “long-term strategic plans,

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proprietary software, control methodology and cutting models, and/or customer and competitor

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research,” where “disclosure . . . would put [parties] at a competitive disadvantage”). For these

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reasons and for reasons set forth in Defendants’ opening brief, the Court should grant the

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motion and permit Defendants to file the Motion to Strike and Macaluso and Axilrod

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Declarations under seal.

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Dated this 22nd day of April, 2011.
DLA Piper LLP (US)

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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.

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REPLY IN SUPPORT OF 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]

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CERTIFICATE OF SERVICE

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I hereby certify that on April 22, 2011, I electronically filed the foregoing with the

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

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counsel of record.

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Dated this 22nd day of April, 2011.

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

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WEST\223384852.1

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REPLY IN SUPPORT OF 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]