Eko Brands v. Adrian Rivera Maynez Enterprises Inc et al

Filing 65

ORDER to Seal Documents re plaintiff's 59 Motion to Seal. Dkt. 62 shall remain under seal. Signed by Judge Thomas S. Zilly. (SWT)

Honorable Thomas S. Zilly

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON AT SEATTLE
Civil Action No. 17-cv-894TSZ

EKO BRANDS, LLC,
Plaintiff,

UNOPPOSED MOTION AND ORDER TO
SEAL DOCUMENTS

v.
ADRIAN RIVERA MAYNEZ
ENTERPRISES, INC.; and
ADRIAN RIVERA, an individual,
Defendants.
Pursuant to Local Civil Rule (“LCR”) 5(g), Plaintiff Eko Brands, LLC (“Eko”) is filing
under seal certain documents supporting its opposition to Defendants Adrian Rivera Maynez
Enterprises, Inc. and Adrian Rivera (together “ARM”)’s motion for summary judgment (Dkt. 33).
Certain Eko documents contain highly sensitive and nonpublic sales, cost, expense, profit, and
projection data pertaining to Eko. (Legler Declaration Regarding Unopposed Motion to Seal
“Legler” ¶ 2) Further, one such Eko document contains potentially sensitive information
concerning market shares of not only Eko, but of other competitors as well. (Legler ¶ 2) Eko also
has filed under seal certain documents that ARM has requested to remain under seal as well. (See
Lowe Declaration Regarding Unopposed Motion to Seal “Lowe” ¶ 2) In accordance with
LCR 5(g)(3)(A), Eko’s counsel has conferred with ARM’s counsel concerning the filing of the

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confidential exhibits under seal, and ARM’s counsel has agreed to not oppose Eko’s request to
retain Eko’s documents under seal. (See Lowe ¶¶ 3-4)
The Western District of Washington permits retaining under seal nonpublic information
regarding litigants’ sales, cost, profit, and market share data. For example, In Clearly Food &
Beverage Co. v. Top Shelf Beverages, Inc., the court found good cause to seal confidential business
information such as “confidential financial projections, marketing strategies, and business plans
all of which could be used against [the party] by competitors.” 102 F. Supp. 3d 1154, 1178 (W.D.
Wash. 2015). Also, the court in BitTitan, Inc. v, Skykick, Inc. granted the parties’ motions to seal
proprietary business information. 2015 U.S. Dist. LEXIS 181126 (W.D. Wash. Aug. 14, 2015)
(holding that if released to the public, the information “has the potential to harm the parties’
positions in the industry.”); see also BitTitan, Inc. v. SkyKick, Inc., 2015 U.S. Dist. LEXIS 180882
(W.D. Wash. July 29, 2015).
The same result should occur here. While there is a preference for open disclosure in the
courts, if released to the public, Eko’s documents regarding its highly sensitive and nonpublic
sales, cost, expense, profit, and projection data would no doubt harm Eko’s position in the market.
(Legler ⁋ 2) Further, Eko’s non-redacted Nielson report shows market share of not only Eko, but
of its competitors as well. ARM has similarly claimed that certain of its documents contain
confidential business information, and has requested that they likewise be filed under seal,
specifically Exhibits G and J to Lowe’s Declaration in Support of Eko’s Opposition to ARM’s
Motion for Summary Judgment (“Lowe MSJ”). Eko has agreed to seek leave to file these under
seal out of an abundance of caution. (Lowe ¶ 4)
Eko therefore respectfully requests that the following documents be filed and remain under
seal:
•

Exhibit F to Legler Declaration in Support of Eko’s Opposition to ARM’s Motion
for Summary Judgment (“Legler MSJ”) (Eko Marketing Summary)

•

Exhibit M to Legler MSJ (Non-Redacted Nielson report)

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•

Exhibit N to Legler MSJ (Eko Sales Summary)

•

Exhibit O to Legler MSJ (Costing Projection)

•

Exhibit G to Lowe MSJ (ARM emails)

•

Exhibit J to Lowe MSJ (ARM sales, cost, and profit data)

RESPECTFULLY SUBMITTED September 14, 2018
s/ David A. Lowe, WSBA No. 24,453
[e-mail]
s/ Tim Billick, WSBA No. 46,690
[e-mail]
LOWE GRAHAM JONESPLLC
701 Fifth Avenue, Suite 4800
Seattle, WA 98104
T: 206.381.3300
Attorneys for Plaintiff

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ORDER
Pursuant to Local Civil Rule 5(g), the parties requested that the Court seal certain nonpublic
confidential documents Eko has relied upon in its opposition to ARM’s motion for summary
judgment. Upon consideration, and good cause having been shown, this Court hereby directs the
clerk to retain the requested documents under seal.
IT IS SO ORDERED.
DATED this 11th day of October, 2018.

A
Thomas S. Zilly
United States District Judge

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