de Lacour v. Colgate-Palmolive Co.

Opinion

BURSOR» FISHER

888 SEVENTH AVENUE JosHuaA D. ARISOHN FLOOR Tel: 646.837.7165 NEW YORK, NY 10019 Fax: 212.989.9163 www.bursor.com jarisohn@bursor.com

April 9, 2020 Via ECF The Honorable Kimba M. Wood United States District Court for the Southern District of New York 500 Pearl Street New York, New York 10007 WoodNYSDChambers@nysd.uscourts.gov Re: Anne de Lacour et al. v. Colgate-Palmolive Co., et al., Case No. 16-cv-08364 (KW) Request to File Under Seal MEMO ENDORSED Dear Judge Wood: I write on behalf of Plaintiffs Anne de Lacour, Andrea Wright and Loree Moran (“Plaintiffs”) in the above action. Pursuant to Rule 5-B of Your Honor’s Individual Practices, Plaintiffs respectfully request to file under seal Exhibits 3 and 4 to the Declaration of Sarah N. Westcot in Further Support of Plaintiffs’ Renewed Motion for Class Certification in their Grar entirety, as well as portions of the Reply Memorandum of Law in Support of Plaintiffs’ Motion KM and portions of the Declarations of Colin B. Weir and Dr. J. Michael Dennis that quote or reference documents previously designated by Defendants as confidential. These redactions are justified, as they contain proprietary business information, such as confidential sales and financial data, competitively-sensitive market and consumer research and product formulations. Courts within the Second Circuit routinely allow for the sealing of such information. See, e.g., Grayson v. Gen. Elec. Co., No. 3:13CV1799 (WWE), 2017 WL 923907, at *1 (D. Conn. Mar. 7, 2017) (noting that “[d]ocuments falling into categories commonly sealed are those containing trade secrets, confidential research and development information, marketing plans, revenue information, pricing information, and the like[]” and sealing documents relating to internal design, investigations, sales and pricing); Bayer Schera Pharma AG v. Sandoz, Inc., No. 08 CIV. 03710 (PGG), 2009 WL 10699031, at *1 (S.D.N.Y. Nov. 13, 2009) (grating motion to seal of documents containing “confidential financial and sales data”). All of the confidential materials submitted in support of Plaintiffs’ current motion overlap with those submitted in support of their initial motion for class certification on September 10, 2018. Dkt. No. 63. Prior to the filing of Plaintiff's initial class certification motion, the parties met and conferred to narrow the scope of the redaction requests. The Hon. Ronnie Abrams significantly narrowed the scope of the parties’ initial request on two occasions before ultimately granting the parties’ request for sealing. See, Dkt. Nos. 55, 61, 76. Plaintiffs now make the same

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sealing requests that were previously approved by Judge Abrams. See, Dkt. No. 84 (order granting Plaintiffs’ request to file under seal). Pursuant to Rule 5-B of Your Honor’s Individual Practices, Plaintiffs will file and relate to this letter motion (1) a publicly filed copy of all documents with proposed redactions, and (2) a sealed copy of the unredacted documents with proposed redactions highlighted. Respectfully submitted, BURSOR & FISHER, P.A. By:/s/ Joshua D. Arisohn Scott A. Bursor Joshua D. Arisohn 888 Seventh Avenue New York, NY 10019 Telephone: (646) 837-7150 Facsimile: (212) 989-9163 Email: scott@bursor.com jarisohn@bursor.com BURSOR & FISHER, P.A, Neal J. Deckant 1990 N. California Blvd, Suite 940 Walnut Creek, CA 94596 Telephone: (925) 300-4455 Facsimile: (925) 407-2700 Email: ndeckant@bursor.com BURSOR & FISHER, P.A. Sarah N. Westcot (admitted pro hac vice) 2665 S. Bayshore Drive, Suite 220 Miami, FL 33133 Telephone: (305) 330-5512 Facsimile: (212) 989-9163 Email: swestcot@bursor.com Attorneys for Plaintiffs Anne de Lacour, Andrea Wright and Loree Moran

SO ORDERED. Dated: April 13, 2020 New York, New York /s/ Kimba M. Wood KIMBA M. WOOD United States District Judge