Opinion
2:19-cv-01697-RSM
11-05-2021
COSMOS GRANITE (WEST), LLC, a Washington limited liability company, Plaintiff, v. MINAGREX CORPORATION, d/b/a MGX Stone, Defendant.
Rachel S. Black, WSBA #32204, Alexander W. Aiken (Pro Hac Vice), SUSMAN GODFREY L.L.P., Chelsea V. Samuels (pro hac vice), Susman Godfrey L.L.P., Attorneys for Cosmos Granite (West) LLC. Betsy A. Gillaspy, WSBA#21340, GILLASPY & RHODE, PLLC, Mark L. Hill (Pro Hac Vice) Texas State Bar # 24034868, Walker Steven Young (Pro Hac Vice) Texas State Bar # 24102676, SCHEEF & STONE, LLP, Attorneys for Minagrex Corporation d/b/a MGX Stone.
Rachel S. Black, WSBA #32204, Alexander W. Aiken (Pro Hac Vice), SUSMAN GODFREY L.L.P., Chelsea V. Samuels (pro hac vice), Susman Godfrey L.L.P., Attorneys for Cosmos Granite (West) LLC.
Betsy A. Gillaspy, WSBA#21340, GILLASPY & RHODE, PLLC, Mark L. Hill (Pro Hac Vice) Texas State Bar # 24034868, Walker Steven Young (Pro Hac Vice) Texas State Bar # 24102676, SCHEEF & STONE, LLP, Attorneys for Minagrex Corporation d/b/a MGX Stone.
STIPULATED MOTION AND ORDER TO SEAL EXHIBITS 1-3 ATTACHED TO THE DECLARATION OF RACHEL S. BLACK IN SUPPORT OF PLAINTIFF'S OBJECTIONS TO DEFENDANT'S MOTIONS IN LIMINE
RICARDO S. MARTINEZ, CHIEF UNITED STATES DISTRICT JUDGE.
Pursuant to Local Civil Rule 5(g), Plaintiff, Cosmos Granite (West), LLC (“Cosmos”) and Defendant, Minagrex Corporation d/b/a/ MGX Stone (“Minagrex”) jointly request that the Court enter an order to Seal/Redact Exhibits 1-3 to the Declaration of Rachel S. Black in Support of Plaintiff's Objections to Defendant's Motions in Limine (“Black Decl.”). Plaintiff contends that Exhibits 1 and 2 contain confidential information pursuant to the Protective Order entered in this case. Defendant takes no position concerning the confidentiality of Exhibits 1 and 2, but contends that Exhibit 3 contains confidential information pursuant to the Protective Order entered in this case.
Plaintiff's position is that the designation of Exhibits 1 and 2 as sealed should be maintained to protect the legitimate privacy interests of Plaintiff in accordance with the Protective Order issued in this case. See Dkt. #16. Exhibits 1 and 2 contain confidential, proprietary, and private information that Plaintiff designated as Confidential pursuant to and consistent with the Protective Order entered in this case, because it contains previously nondisclosed and confidential and sensitive financial and business information concerning Plaintiff, which is a privately owned company. Plaintiff has a legitimate business interest in keeping such information private, and thus requires that this document be filed under seal pursuant to Paragraphs 2.2 (c) and (g) of the Protective Order. Dkt. #16.
Defendant's position is that Exhibit 3 should be sealed to maintain the legitimate privacy interests of Defendant in accordance with the Protective Order issued in this case. See Dekt. #16. Exhibit 3 contains confidential, proprietary, and private information that Defendant designated as Confidential pursuant to and consistent with the Protective Order entered in this case, because it contains previously nondisclosed and confidential and sensitive business information concerning its sales and other commercial information pursuant to Paragraph 2.2(c) of the Protective Order. Dkt. #16.
After review of the referenced Exhibits, ¶ 4.4 of the Stipulated Protective Order and Local Rule 5(g), Minagrex and Plaintiff both believe that a less restrictive alternative is not sufficient to protect the confidential information referenced above because redaction of the same would substantively frustrate the purpose of its admission.
CERTIFICATE OF CONFERENCE
Counsel for Plaintiff conferred with counsel for Defendant in a telephonic meet and confer on November 1, 2021 (Chelsea Samuels and Walker Young participated), and counsel agreed that, per Minagrex's and Plaintiff's representations concerning the confidentiality of the documents at issue, a Stipulated Motion Seal was proper to protect the confidential information, and that there was no alternative to filing under seal.
ORDER
Based upon the foregoing and for good cause shown, the Court ORDERS that the Stipulated Motion to Seal is GRANTED.