E. & J. Gallo Winery v. Strategic Materials, Inc. ( 2020 )

1 2 3 4 5 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 E. & J. GALLO WINERY, et al., CASE NO. 1:17-cv-01709-EPG 10 11 Plaintiffs, O DR END YER IN G GR , A INN PT AIN RG T, , I MN O P TA IR OT N, S A TN OD S EAL v. 12 STRATEGIC MATERIALS, INC., 13 Defendant. 14 15 16 17 18 In connection with their motions for summary judgment, motions to strike, and the various 19 oppositions and replies thereto, Plaintiffs E. & J. Gallo Winery and Gallo Glass Company 20 (“Gallo”) and Defendant Strategic Materials, Inc. (“SMI”) each filed notices to seal their filings. 21 (ECF Nos. 98, 100, 105, 113, 116, 120, 123, 126). At various times, they also filed memoranda in 22 support of the other party’s sealing motions. (ECF Nos. 103, 104, 132, 133). 23 After the Court granted in part and denied in part without prejudice the motions, (ECF No. 24 135), the parties filed additional briefing concerning their sealing requests, (ECF Nos. 137, 138). 25 Upon review of the materials, and for the reasons below, the Court GRANTS, IN PART, and 26 DENIES, IN PART, the sealing requests. 27 // 28 1 I. LEGAL STANDARDS 2 The Ninth Circuit has set forth substantial case law concerning sealing dispositive 3 motions. Local Rule 141 provides additional standards for this district. 4 The parties appear to agree that the sealing requests are governed by the compelling- 5 reason test for dispositive motions. 6 Under this stringent standard, a court may seal records only when it finds a 7 compelling reason and articulates the factual basis for its ruling, without relying on hypothesis or conjecture. The court must then conscientiously balance 8 the competing interests of the public and the party who seeks to keep certain judicial records secret. What constitutes a “compelling reason” is best left to the 9 sound discretion of the trial court. Examples include when a court record might be used to gratify private spite or promote public scandal, to circulate libelous 10 statements, or as sources of business information that might harm a litigant's 11 competitive standing. 12 Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096–97 (9th Cir. 2016) (alterations, 13 internal quotation marks, and citations omitted). Parties must also be specific when identifying the information that they seek to 14 keep sealed. As the Ninth Circuit has explained when denying a request by the United States to seal documents: Although the United States identifies the 15 redactions it seeks by page number and line number, it does not provide similarly specific compelling reasons to justify these redactions. Instead, the United States 16 purports to justify each redaction by listing one of four general categories of 17 privilege (privacy, law enforcement, confidential source, and ongoing investigation). Simply mentioning a general category of privilege, without any 18 further elaboration or any specific linkage with the documents, does not satisfy the burden. 19 Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1183–84 (9th Cir. 2006). 20 II. APPLICATION TO PARTIES’ REQUESTS 21 In balancing the tests, the Court notes at the outset that it did not make any rulings based 22 on the filings. Thus, the public’s interest at issue in the compelling reasons balancing test carries 23 less weight. To the extent the Court orders sealing, it has weighed the public’s interest against the 24 requesting party’s interest. 25 FILINGS AT ECF NO. 99 26 The Court GRANTS Gallo’s request to seal the following documents at ECF No. 99 for 27 the noted compelling reasons: 28 1 Document ECF # Compelling Reason Declaration of Alex 99-2 Paragraphs 2 and 3 of this Declaration contain data on 2 Westmoreland in Gallo’s scrap sales. As explained in Paragraph 4 of the 3 Support of Plaintiffs’ Declaration, this data on scrap sales is competitively Motion for Partial sensitive information, both with respect to the absolute 4 Summary Judgement values and trends it reveals regarding year-to-year variation in Gallo operations. Gallo keeps this information 5 confidential. Exhibit M (Majewski 99-8 This testimony contains confidential and competitively 6 Dep. Tr.) sensitive data on Gallo operations and production 7 numbers. Exhibit N (Mundello 99-8 This testimony contains confidential and competitively 8 Dep. Tr.) sensitive data on Gallo operations and production numbers. 9 Plaintiffs and Counter- 99 Portions of the Points and Authorities, as noted by Gallo, 10 Defendants’ Notice of submitted in support of its motion refer to the underlying Motion and Motion for confidential materials. 11 Partial Summary Judgement on Issue of: 12 Defendant’s Claim for Damages Based on 13 Section 19.0 of the 14 Supply Agreement: Memorandum of Points 15 and Authorities 16 Plaintiffs’ Separate 99-1 Portions of the Separate Statement of Undisputed Material Statement of Undisputed Facts, as noted by Gallo, submitted in support of its motion 17 Facts in Support of refer to underlying confidential materials. 18 Motion for Partial Summary Judgement 19 FILINGS AT ECF NO. 101 20 Gallo’s request to seal the following documents at ECF No. 101 are granted for the 21 compelling reasons set forth below. 22 Document ECF # Compelling Reason 23 Exhibit 2 (Dep. Tr. Dan 101-6 This testimony contains confidential and competitively Armagost) sensitive data on Gallo operations, recipes, and production 24 numbers. 25 Exhibit 4 (Dep. Tr. Nigel 101-6 This testimony contains confidential and competitively Dart) sensitive data on Gallo operations, supplies, and vendors. 26 Exhibit 5 (Dep.Tr. Nigel 101-6 This testimony contains confidential and competitively Dart II) sensitive data on Gallo batch costs. 27 Exhibit 6 (Dep. Tr. John 101-6 This testimony contains confidential and competitively 28 Gallo) sensitive data on Gallo operations. 1 Exhibit 8 (Dep. Tr. 101-6 This testimony contains confidential and competitively Lance Lemmings) sensitive data on Gallo operations, recipes, and production 2 numbers. 3 Exhibit 9 (Dep. Tr. Joe 101-6 This testimony contains confidential and competitively Majewski) sensitive data on Gallo tracking of complaints, recipes, 4 operations, and production numbers. Exhibit 10 (Dep. Tr. 101-6 This testimony contains confidential and competitively 5 Mahesh Mistry) sensitive data on Gallo inspection methods and the Parties’ business relationship. 6 Exhibit 11 (Dep. Tr. 101-6 This testimony contains confidential and competitively 7 Chad Mundello) sensitive data on Gallo operations, recipes, and production numbers. 8 Exhibit 14 (Dep. Tr. 101-6 This testimony contains confidential and competitively James Rhodes) sensitive data on Gallo inspection methods and the Parties’ 9 confidential business relationships. 10 Exhibit 15 (Dep. Tr. 101-6 This testimony contains confidential and competitively Foung Thao) sensitive data on Gallo inspection methods and cullet 11 handling. Exhibit 17 (Daniel 101-6 This document contains confidential and competitively 12 Armagost DEX 6) sensitive data on Gallo inspection methods and cullet handling. 13 Exhibit 18 (Daniel 101-6 This document contains confidential and competitively 14 Armagost DEX 7) sensitive data on Gallo inspection methods and cullet handling. 15 Exhibit 19 (Daniel 101-6 This document contains confidential and competitively Armagost DEX 11) sensitive data on Gallo inspection methods and cullet 16 handling. 17 Exhibit 20 (Daniel 101-6 This document contains confidential and competitively Armgaost DEX 12) sensitive data on Gallo inspection methods and cullet 18 handling. Exhibit 24 (John Gallo 101-6 This document contains confidential and competitively 19 DEX 14) sensitive data on Gallo’s operations. Exhibit 25 (John Gallo 101-6 This document contains confidential and competitively 20 DEX 21) sensitive data on terms and conditions in the Parties’ 21 Supply Agreement. Exhibit 27 (John Gallo 101-6 This document contains confidential and competitively 22 DEX 23) sensitive data on the Parties’ business relationship pursuant to the Supply Agreement. 23 Exhibit 29 (Lance 101-6 This document contains confidential and competitively Lemmings DEX 12) sensitive data on Gallo’s inspection methods and cullet 24 quality criteria. 25 Exhibit 31 (Lance 101-6 This document contains confidential and competitively Lemmings DEX 17) sensitive data on Gallo’s operations and cullet 26 requirements. Exhibit 32 (Lance 101-6 This document contains confidential and competitively 27 Lemmings DEX 21) sensitive data on Gallo’s operations and cullet 28 requirements. 1 Exhibit 34 (Joe 101-6 This document contains confidential and competitively Majewski DEX 7) sensitive data on Gallo’s operations and cullet 2 requirements. 3 Exhibit 42 (Chad 101-6 This document contains confidential and competitively Mundello DEX 5) sensitive data on Gallo’s operations and cullet 4 requirements. Exhibit 43 Chad 101-6 This document contains confidential and competitively 5 Mundello DEX 7) sensitive data on Gallo’s operations and cullet requirements. 6 Exhibit 55 (Steve Nicolai 101-6 This document contains confidential and competitively 7 DEX 27) sensitive data on Gallo’s inspection methods and the Parties’ business relationship. 8 Exhibit 56 (Steve Nicolai 101-6 This document contains confidential and competitively DEX 29) sensitive data on Gallo’s operations and cullet 9 requirements. 10 Exhibit 58 (Steve Nicolai 101-6 This document contains confidential and competitively II DEX 20) sensitive data on Gallo’s costs and supplier relations. 11 Exhibit 59 (James 101-6 This document contains confidential and competitively Rhodes DEX 3) sensitive data on Gallo’s inspection methods, operations 12 and cullet requirements. Exhibit 60 (James 101-6 This document contains confidential and competitively 13 Rhodes DEX 9) sensitive data on Gallo’s inspection methods, operations 14 and cullet requirements. Exhibit 61 (James 101-6 This document contains confidential and competitively 15 Rhodes DEX 12) sensitive data on Gallo’s operations and cullet requirements. 16 Exhibit 62 (James 101-6 This document contains confidential and competitively 17 Rhodes DEX 13) sensitive data on Gallo’s operations and cullet requirements. 18 Exhibit 63 (James 101-6 This document contains confidential and competitively Rhodes DEX 14) sensitive data on Gallo’s operations and cullet 19 requirements. Exhibit 64 (James 101-6 This document contains confidential and competitively 20 Rhodes DEX 16) sensitive data on Gallo’s operations and cullet 21 requirements. Exhibit 65 (James 101-6 This document contains confidential and competitively 22 Rhodes DEX 17) sensitive data on Gallo’s operations and cullet requirements. 23 Exhibit 66 (James 101-6 This document contains confidential and competitively Rhodes DEX 19) sensitive data on Gallo’s operations and cullet 24 requirements. 25 Exhibit 67 (James 101-6 This document contains confidential and competitively Rhodes DEX 20) sensitive data on Gallo’s operations and cullet 26 requirements. Exhibit 68 (James 101-6 This document contains confidential and competitively 27 Rhodes DEX 11) sensitive data on Gallo’s operations and cullet 28 requirements. 1 Exhibit 69 (James 101-6 This document contains confidential and competitively Rhodes DEX 21) sensitive data on Gallo’s operations and cullet 2 requirements. 3 Exhibit 70 (James 101-6 This document contains confidential and competitively Rhodes DEX 23) sensitive data on Gallo’s operations and cullet 4 requirements. Exhibit 71 (Foung Thao 101-6 This document contains confidential and competitively 5 DEX 3) sensitive data on Gallo’s cullet inspection process. Exhibit 72 (Foung Thao 101-6 This document contains confidential and competitively 6 DEX 4) sensitive data on Gallo’s cullet inspection process. 7 Exhibit 74 (Foung Thao 101-6 This document contains confidential and competitively DEX 15) sensitive data on Gallo’s cullet inspection process. 8 Exhibit 75 (Foung Thao 101-6 This document contains confidential and competitively 9 DEX 31) sensitive data on Gallo’s cullet inspection process. 10 Exhibit 78 (Foung Thao 101-6 This document contains confidential and competitively DEX 39) sensitive data on Gallo’s cullet inspection process and the 11 Parties’ business relationship. Exhibit 86 (Curt Bucey 101-6 This document contains confidential and competitively 12 DEX 104) sensitive data on the Parties’ business relationship and Supply Agreement. 13 Exhibit 88 101-6 This document contains confidential and competitively 14 (GALLO_00028882) sensitive data on the Parties’ business relationship and Supply Agreement. 15 Exhibit 89 101-6 This document contains confidential and competitively (GALLO_00006349) sensitive data on the Parties’ business relationship and 16 Supply Agreement. 17 Exhibit 90 101-6 This document contains confidential and competitively (GALLO_00006370) sensitive data on the Parties’ business relationship and 18 Supply Agreement. Exhibit 98 101-6 This document contains confidential and competitively 19 (GALLO_00010588-91) sensitive data on the Parties’ business relationship and Supply Agreement. 20 FILINGS AT ECF NO. 114 21 Gallo’s and SMI’s requests to seal the following documents at ECF No. 114 are granted 22 for the compelling reasons set forth below. 23 24 Document ECF # Compelling Reason Exhibit A (Dep. Tr. 114-4 This testimony contains confidential and competitively 25 Steve Nicolai) sensitive data on Gallo’s suppliers and recipes. Exhibit B (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, 26 Bucey) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s 27 competitive standing in the industry. This information 28 includes the volumes, colors, and quality of cullet that SMI 1 provides Gallo, cullet prices, the manner in which the parties assess cullet quality, and how the parties conduct 2 their business negotiations. If made public, such 3 information could harm SMI’s business relationships with current or prospective customers. 4 Exhibit C (Dep. Tr. 114-4 This testimony contains confidential and competitively James Rhodes) sensitive data on Gallo’s operations and quality control. 5 Exhibit D (Dep. Tr. 114-4 This testimony contains confidential and competitively Lance Lemmings) sensitive data on Gallo’s operations and recipes. 6 Exhibit E (Lance 114-4 This document contains confidential and competitively 7 Lemmings DEX 13) sensitive data on Gallo’s operations. Exhibit F (Dep. Tr. 114-4 This testimony contains confidential and competitively 8 Foung Thao) sensitive data on Gallo’s operations and cullet requirements. 9 Exhibit G (Dep. Tr. Dan 114-4 This testimony contains confidential and competitively 10 Armagost) sensitive data on Gallo’s operations and cullet requirements. 11 Exhibit H (Dep. Tr. 114-4 This testimony contains confidential and competitively Chad Mundello) sensitive data on Gallo’s operations, recipes and supply 12 acquisition. Exhibit I (Dep. Tr. Paul 114-4 Confidential information regarding SMI’s pricing, 13 Faherty) finances, material volumes, supply chain, and customers— 14 the disclosure of which would severely harm SMI’s competitive standing in the industry. 15 Exhibit J (draft Supply 114-4 This document contains confidential and competitively Agreement) sensitive data on the Parties’ negotiation and draft of the 16 Supply Agreement, which the Court has elsewhere allowed to be sealed in its final version. 17 Exhibit K (Dep. Tr. John 114-4 This testimony contains confidential and competitively 18 Gallo) sensitive data on Gallo’s operations and the Parties’ business relationship. 19 Exhibit L (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Brian Brown) finances, material volumes, supply chain, and customers— 20 the disclosure of which would severely harm SMI’s 21 competitive standing in the industry. Exhibit M (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, 22 Daniel Burkard) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s 23 competitive standing in the industry. Exhibit N (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, 24 Jimmy Rayford) finances, material volumes, supply chain, and customers— 25 the disclosure of which would severely harm SMI’s competitive standing in the industry. 26 Exhibit O (DEX JR-12) 114-4 Confidential information regarding SMI’s pricing, finances, material volumes, supply chain, and customers— 27 the disclosure of which would severely harm SMI’s 28 competitive standing in the industry. 1 Exhibit P (DEX JR-15) 114-4 Confidential information regarding SMI’s pricing, finances, material volumes, supply chain, and customers— 2 the disclosure of which would severely harm SMI’s 3 competitive standing in the industry. Exhibit Q (DEX Bucey 114-4 Confidential information regarding SMI’s pricing, 4 79) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s 5 competitive standing in the industry. Exhibit U (DEX JR-12) 114-4 Confidential information regarding SMI’s pricing, 6 finances, material volumes, supply chain, and customers— 7 the disclosure of which would severely harm SMI’s competitive standing in the industry. 8 Exhibit V (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Dennis Hinson) finances, material volumes, supply chain, and customers— 9 the disclosure of which would severely harm SMI’s competitive standing in the industry. 10 Exhibit W (Faherty DEX 114-4 Confidential information regarding SMI’s pricing, 11 5) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s 12 competitive standing in the industry. Exhibit X (Faherty DEX 114-4 This testimony reveals confidential information regarding 13 6) the parties’ relationship and SMI’s business. 14 Exhibit Y (Faherty DEX 114-4 Confidential information regarding SMI’s pricing, 7) finances, material volumes, supply chain, and customers— 15 the disclosure of which would severely harm SMI’s competitive standing in the industry. 16 Exhibit Z (Faherty DEX 114-4 Confidential information regarding SMI’s pricing, 8) finances, material volumes, supply chain, and customers— 17 the disclosure of which would severely harm SMI’s 18 competitive standing in the industry. Exhibit AA (Faherty 114-4 This testimony reveals confidential information regarding 19 DEX 9) the parties’ relationship and SMI’s business. Exhibit BB (Mundello 114-4 This document contains confidential and competitively 20 DEX 1) sensitive data on Gallo’s operations and cullet storage 21 capacity. Exhibit JJ (Foung Thao 114-4 This document contains confidential and competitively 22 DEX 9) sensitive data on Gallo’s operations and the Parties’ business relationship. 23 Exhibit KK (Chad 114-4 This document contains confidential and competitively Mundello DEX 4) sensitive data on Gallo’s operations, cullet quality, and the 24 Parties’ business relationship. 25 Exhibit MM (Lance 114-4 This document contains confidential and competitively Lemmings DEX 1) sensitive data on Gallo’s batch costs. 26 Exhibit UU (Dep. Tr. 114-4 This testimony contains confidential and competitively Steve Nicolai II) sensitive data on Gallo’s costs and operations. 27 Exhibit VV (Steve 114-4 This document contains confidential and competitively 28 Nicolai II DEX 38) sensitive data on Gallo’s 2015 Annual Operating Plan. 1 Exhibit WW (Steve 114-4 This document contains confidential and competitively Nicolai DEX 29) sensitive data on Gallo’s operations and cullet 2 requirements. 3 Exhibit XX (Steve 114-4 This document contains confidential and competitively Nicolai DEX 15) sensitive data on the Parties’ Supply Agreement, cullet 4 pricing and other elements of their business relationship. Exhibit YY (Steve 114-4 This document contains confidential and competitively 5 Nicolai DEX 18) sensitive data on the Parties’ Supply Agreement, cullet pricing and other elements of their business relationship. 6 Exhibit III (Bucey DEX 114-4 This document contains confidential and competitively 7 78) sensitive data on the Parties’ Supply Agreement, cullet pricing and other elements of their business relationship. 8 Exhibit LLL (Bucey 114-4 This document contains confidential and competitively DEX 109) sensitive data on the Parties’ Supply Agreement, cullet 9 pricing and other elements of their business relationship. 10 Exhibit MMM (Joe 114-4 This document contains confidential and competitively Majewski DEX 17) sensitive data on Gallo’s operations and storage facilities. 11 Exhibit OOO (DEX 15) 114-4 This document contains confidential and competitively sensitive data on Gallo’s operations and quality control 12 methods. Exhibit VVV (Bucey 114-4 This document contains confidential and competitively 13 DEX 59) sensitive draft of the Parties’ Supply Agreement which the 14 Court has previously allowed to be sealed in its final form. It also contains confidential information about SMI’s 15 business. Exhibit AAAA (DEX 114-4 This document contains confidential and competitively 16 27) sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely 17 harm SMI’s competitive standing because the exhibit 18 includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. 19 Exhibit BBBB (DEX 34) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly 20 Business Review. In addition, disclosure would severely 21 harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, 22 material volumes, supply chains, and customers. Exhibit CCCC (DEX 16) 114-4 This document contains confidential and competitively 23 sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely 24 harm SMI’s competitive standing because the exhibit 25 includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. 26 Exhibit EEEE 114-4 This document contains confidential and competitively (Lemmings DEX 21) sensitive information on Gallo’s operations and cullet 27 usage. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes 28 1 information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. 2 Exhibit IIII (DEX 18) 114-4 This document contains confidential and competitively 3 sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely 4 harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, 5 material volumes, supply chains, and customers. Exhibit JJJJ (DEX 22) 114-4 This document contains confidential and competitively 6 sensitive meeting minutes from the Parties’ Quarterly 7 Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit 8 includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. 9 Exhibit KKKK (DEX 114-4 This document contains confidential and competitively 46) sensitive information on Gallo’s operations and cullet 10 supplies. In addition, disclosure would severely harm 11 SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material 12 volumes, supply chains, and customers. Exhibit MMMM (Bucey 114-4 This document contains confidential and competitively 13 DEX 82) sensitive information related to pricing under the Parties’ 14 Supply Agreement and other aspects of their business relationship. In addition, disclosure would severely harm 15 SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material 16 volumes, supply chains, and customers. Exhibit NNNN 114-4 This testimony contains confidential and competitively 17 (Majewski Dep. Tr.) sensitive information related to Gallo’s operations and 18 recipes. Exhibit OOOO (John 114-4 This document contains confidential and competitively 19 Gallo DEX 12) sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely 20 harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, 21 material volumes, supply chains, and customers. 22 Exhibit PPPP (DEX 48) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly 23 Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit 24 includes information regarding SMI’s pricing, finances, 25 material volumes, supply chains, and customers. Plaintiff’s Points and 114 Portions of the Points and Authorities submitted in support 26 Authorities in of its opposition refer to the above underlying confidential Opposition to Defendant materials. 27 Strategic Materials, Inc.’s Motion for 28 1 Summary Judgement Plaintiff’s Response to 114-2 Portions of the Response to SMI’s Separate Statement of 2 Defendants’ Statement Undisputed Material Facts refer to the above underlying 3 of Undisputed Facts in confidential materials. Support of Motion for 4 Summary Judgement 5 In addition to the foregoing, disclosure of the following exhibits to ECF No. 114-4 would 6 severely harm SMI’s competitive standing because they include information regarding SMI’s 7 pricing, finances, material volumes, supply chains, and customers: 8 Exhibit BB Exhibit PP Exhibit III Exhibit UUU 9 Exhibit CC Exhibit QQ Exhibit JJJ Exhibit WWW 10 Exhibit DD Exhibit RR Exhibit KKK Exhibit XXX 11 Exhibit EE Exhibit SS Exhibit LLL Exhibit YYY 12 Exhibit FF Exhibit TT Exhibit NNN Exhibit AAAA 13 Exhibit GG Exhibit ZZ Exhibit OOO Exhibit BBBB 14 Exhibit HH Exhibit DDD Exhibit PPP Exhibit DDDD 15 Exhibit II Exhibit EEE Exhibit QQQ Exhibit GGGG 16 Exhibit LL Exhibit FFF Exhibit RRR Exhibit HHHH 17 Exhibit NN Exhibit GGG Exhibit SSS Exhibit LLLL 18 Exhibit OO Exhibit HHH Exhibit TTT 19 The following exhibits to ECF No. 114-4 contain confidential information about SMI’s 20 short and long-term business plans and strategies that could be misappropriated by competitors if 21 made public. Therefore, there is a compelling reason to seal them: 22 Exhibit B Exhibit DD Exhibit II 23 Exhibit I Exhibit EE Exhibit TT Exhibit N Exhibit FF Exhibit AAA 24 Exhibit U Exhibit GG Exhibit CCC Exhibit CC Exhibit HH 25 The following exhibits to ECF No. 114-4 contain confidential information about the 26 business relationship between the parties. This information includes the volumes, colors, and 27 quality of cullet that SMI provides Gallo, cullet prices, the manner in which the parties assess 28 1 cullet quality, and how the parties conduct their business negotiations. If made public, such 2 information could harm SMI’s business relationships with current or prospective customers: 3 Exhibit B Exhibit SS Exhibit XXX Exhibit I Exhibit ZZ Exhibit YYY 4 Exhibit L Exhibit BBB Exhibit AAAA Exhibit M Exhibit DDD Exhibit BBBB 5 Exhibit N Exhibit EEE Exhibit CCCC Exhibit O Exhibit FFF Exhibit DDDD 6 Exhibit P Exhibit GGG Exhibit EEEE Exhibit Q Exhibit HHH Exhibit FFFF 7 Exhibit U Exhibit III Exhibit GGGG Exhibit W Exhibit JJJ Exhibit HHHH 8 Exhibit Y Exhibit KKK Exhibit IIII Exhibit BB Exhibit LLL Exhibit JJJJ 9 Exhibit LL Exhibit NNN Exhibit KKKK Exhibit NN Exhibit RRR Exhibit LLLL 10 Exhibit OO Exhibit SSS Exhibit MMMM Exhibit PP Exhibit TTT Exhibit OOOO 11 Exhibit QQ Exhibit UUU Exhibit PPPP Exhibit RR Exhibit WWW 12 FILINGS AT ECF NO. 117 13 Gallo’s request to seal the following documents at ECF No. 117 are granted for the 14 compelling reasons set forth below. 15 Document ECF # Compelling Reason 16 Exhibit 2 (Dep. Tr, 117-3 This testimony contains confidential and competitively 17 Lance Lemmings) sensitive information regarding Gallo’s operations, recipes and bottle colors. 18 Exhibit 3 (Dep. Tr. 117-3 This testimony contains confidential and competitively Daniel Armagost) sensitive information regarding Gallo’s operations, recipes 19 and bottle colors. Exhibit 8 (Dep. Tr. Nigel 117-3 This testimony contains confidential and competitively 20 Dart) sensitive information regarding Gallo’s operations, scrap 21 generation, and suppliers. Exhibit 10 (Dep. Tr. 117-3 This document contains confidential and competitively 22 Nigel Dart) sensitive information from the Parties’ Quarterly Business Review. 23 Exhibit 15 (Perez DEX 117-3 This document contains confidential and competitively 24 7) sensitive information regarding the Parties’ strategic business relationship. 25 Exhibit 20 (Dep. Tr, 117-3 This testimony contains confidential and competitively John Gallo) sensitive information about the Parties’ Supply Agreement 26 and business relations. Exhibit 23 (Dep. Tr. 117-3 This testimony contains confidential and competitively 27 Chad Mundello) sensitive information about Gallo’s operations and 28 efficiencies. 1 Exhibit 24 (Dep. Tr. Joe 117-3 This testimony contains confidential and competitively Majewksi) sensitive information about Gallo’s operations and 2 efficiencies. 3 Exhibit 25 (Dep. Tr. 117-3 This testimony contains confidential and competitively Steve Nicolai) sensitive information about Gallo’s operations and 4 efficiencies. Exhibit 27 (Dep. Tr. 117-3 This testimony contains confidential and competitively 5 Nigel Dart) sensitive information about Gallo’s market for transition glass bottles. 6 Exhibit 28 (Nigel Dart 117-3 This document contains confidential and competitively 7 DEX 3) sensitive information about Gallo’s operations and cullet supplies. 8 Exhibit 29 (Supplier 117-3 This document contains confidential and competitively Symposium) sensitive information about the Parties’ business 9 relationship. 10 Neither party has provided an argument as to why Exhibit 33 of ECF No. 117-3 should 11 remain sealed. Therefore, the Court will order that exhibit unsealed. 12 FILINGS AT ECF NO. 124 13 SMI seeks to (1) redact portions of its reply in support of its motion for summary 14 judgment and (2) redact portions of its reply to Gallo’s responses to SMI’s statement of 15 undisputed facts. (ECF Nos. 124, 124-2). 16 With respect to ECF No. 124, the portions SMI seeks to redact are (1) quotations from or 17 information about the parties’ supply agreement that the Court has already otherwise sealed, (2) 18 cullet volume amounts, and (3) other confidential terms from the supply agreement. SMI has 19 shown a compelling reason to seal these. 20 With respect to ECF No. 124-2, SMI seeks to redact portions that directly quote or 21 paraphrase confidential documents. The documents at issue are ones the Court already has, or 22 currently is, finding are sealable under the compelling reasons test. For the same reasons as those 23 documents are sealable, so too are the redacted portions of ECF No. 124-2. 24 Therefore, the Court grants SMI’s request to permanently redact portions of ECF Nos. 124 25 and 124-2. 26 FILINGS AT ECF NO. 127 27 Gallo’s request to seal the following documents at ECF No. 127 are granted for the 28 1 compelling reasons set forth below. 2 Document ECF # Compelling Reason Exhibit B (Various 127-2 This testimony contains confidential and competitively 3 Deposition Excerpts re: sensitive information about Gallo’s use of batch materials 4 Batch) and related costs. Exhibit C (Dep. Tr. 127-2 This testimony contains confidential and competitively 5 Joseph Majewski) sensitive information about Gallo’s operations. Exhibit D (Dep. Tr. 127-2 This testimony contains confidential and competitively 6 Nigel Dart) sensitive information about Gallo’s operations. 7 Exhibit F (Dep. Tr. Chad 127-2 This testimony contains confidential and competitively Mundello) sensitive information about Gallo’s operations and recipes. 8 Exhibit G (Dep. Tr. 127-2 This testimony contains confidential and competitively Lance Lemmings) sensitive information about Gallo’s operations and recipes. 9 Exhibit H (Dep. Tr. Dan 127-2 This testimony contains confidential and competitively Armagost) sensitive information about Gallo’s operations and recipes. 10 Exhibit I (Dep. Tr. 127-2 This testimony contains confidential and competitively 11 Joseph Majewski) sensitive information about Gallo’s operations and recipes. Exhibit L (Dep. Tr. 127-2 This testimony contains confidential and competitively 12 James Rhodes) sensitive information about Gallo’s operations and storage facilities. 13 Exhibit M (Dep. Tr. 127-2 This testimony contains confidential and competitively 14 Steve Nicolai) sensitive information about Gallo’s costs and strategies. Exhibit N (Dep. Tr. 127-2 This testimony contains confidential and competitively 15 Steve Nicolai II) sensitive information about Gallo’s batch costs and suppliers. 16 Exhibit O (Dep. Tr. Alex 127-2 This testimony contains confidential and competitively 17 Westmoreland) sensitive information about Gallo’s batch costs. Exhibit P (Dep. Tr. 127-2 This testimony contains confidential and competitively 18 Stuart Harden) sensitive information about Gallo’s batch costs. 19 FILINGS AT ECF NO. 128 20 Gallo’s request to seal the following documents at ECF No. 128 are granted for the 21 compelling reasons set forth below. 22 Document ECF # Compelling Reason Exhibit A (Harden 128-2 This document contains confidential and competitively 23 Report) sensitive information about the Parties’ business 24 relationship, cullet prices and Gallo’s cullet purchases under the Supply Agreement. 25 Exhibit E (Dep. Tr. 128-2 This testimony contains confidential and competitively Steve Nicolai) sensitive information about Gallo’s cullet purchases and 26 operations. Exhibit F (Dep. Tr. Chad 128-2 This testimony contains confidential and competitively 27 Mundello) sensitive information about the Parties’ business 28 relationship. 4:41 VV VEER YS MMU BOY PI ee AY tw I 1 H. FILINGS AT ECF NO. 131 2 The Court has sealed various exhibits to this filing. (ECF No. 136 at 14). SMI has now 3 || argued that the Court should also permanently redact portions of its brief. (ECF No. 13 at 6). The 4 | Court GRANTS SMI’s request to permanently redact portions of pages 12 and 13 that refer to the 5 || exhibits previously sealed. 6 | I. CONCLUSION AND ORDERS 7 Other than as noted below, the Court grants all sealing requests. Such documents may be 8 || accessed only by the parties, their litigation counsel, and the Court. 9 Exhibit 33 of ECF No. 117-3 shall no longer be sealed. Within 14 days, SMI shall re-file 10 | ECF No. 117-3. Such filing shall include Exhibit 33 in full. 11 IT IS SO ORDERED. 13 | Dated: _ July 16, 2020 [spe ey — 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 15