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Philips v. Hunt Control Systems, Inc.

United States District Court, D. New Jersey

July 31, 2017

KONINKLIJKE PHILIPS N.V., Plaintiff/Counterclaim Defendant,
v.
HUNT CONTROL SYSTEMS, INC., AN ASSUMED TRADE NAME FOR CARIBE CORPORATION, Defendant/Counterclaim Plaintiff.

         Document Electronically Filed

          Brian J. McMahon, J. Brugh Lower, GIBBONS P.C. One Gateway Center, David M. Kelly, Robert D. Litowitz, Stephanie K. Bald, KELLY IP, LLP 1919 M Street. NW, Attorneysfor Plaint([f/Counterclaim, Defendant Koninkhjke Philips N. V

          sI Gerald Krovatin, Gerald Krovatin, KROVATIN KLINGEMAN LLC, Luke Santangelo, SANTANGELO LAW OFFICES, P.C., Attorneysfor Defendant/Counterclaim, PtaintiffHunt Control Systems, Inc., an assumed trade name for Caribe Corporation

          FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER ON MOTION TO REDACT AND SEAL

         THIS MATTER having been brought before the Court by the parties, by and through their respective undersigned attorneys, for an Order sealing materials pursuant to Local Civil Rule 5.3; and a Discovery Confidentiality Order having been entered in this case on August 27, 2012 (ECF No. 38); and the Court having reviewed the submissions in support of the Motion to Redact and Seal; the following shall constitute the findings of fact and conclusions of law and the Order of the Court:

         FINDINGS OF FACT

         1. During the course of discovery in this action, the parties obtained discovery from non-parties, including non-party Legrand North America ("Legrand"). On January 28, 2014, Plaintiff/Counterclaim Defendant Koninklijke Philips N.V. ("Philips") took the deposition of Legrand through Legrand's designee, Donald R. Torrant. During that deposition, Legrand marked various portions of that transcript (the "Torrant Deposition Transcript") as confidential pursuant to the terms of the Discovery Confidentiality Order.

         2. On the morning of June 12, 2017, Philips read portions of the Torrant Deposition Transcript into the trial record. Philips also entered a copy of those portions of the Torrant Deposition Transcript into the record as trial exhibit K.PTX-509.

         3. The parties seek to seal sections of the June 12, 2017 Morning Session trial transcript (ECF No. 306) and the corresponding trial exhibit K.PTX-509 containing information that Legrand has designated confidential.

         4. The materials sought to be sealed contain and/or reference confidential information regarding Legrand's marketing materials and strategies that has been designated confidential under the Discovery Confidentiality Order. Legrand has provided a declaration from Donald R. Torrant, satisfying the requirements of Local Civil Rule 5.3(c)(3), that identifies the nature of the materials at issue, the legitimate interests which warrant maintaining the confidentiality of the information, the clearly defined and serious injury to Legrand if the relief sought is not granted, and why a less restrictive alternative to the relief sought is not available.[1]

         5. If the content of above-referenced portions of the filed materials were publicly disclosed, it would violate the confidentiality interests of Legrand and would cause serious harm.

         6. Public disclosure of the subject information would serve no legitimate purpose nor would it aid in promoting fairness or efficiency among the parties and non-parties to this action.

         7. There is no less restrictive means for preserving the confidentiality of this information.

         CONCLUSIONS OF LAW

         8. There is a presumptive common law right of public access to all material filed in connection with judicial proceedings. Republic of the Philippines v. Westinghouse ...


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