de Lacour v. Colgate-Palmolive Co.

Opinion

UNITED STATES DISTRICT COURT DELOECCUTMREONNTIC ALLY FILED SOUTHERN DISTRICT OF NEW YORK DOC #: __________________ -------------------------------------------------------X DATE FILED: 10/3/2022 ANNE DE LACOUR, ANDREA WRIGHT, and LOREE MORAN individually and on

behalf of all others similarly situated,

Plaintiffs,

-against- 16-CV-8364 (KMW) COLGATE-PALMOLIVE CO., and ORDER TOM’S OF MAINE INC.,

Defendants. -------------------------------------------------------X KIMBA M. WOOD, United States District Judge: Defendants’ request to seal or redact various exhibits and the memorandum of law attached to their motion for class decertification, to which Plaintiffs do not object, is hereby GRANTED. The Court grants this request after considering the three-part test provided in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006). Specifically, the Court must: (1) determine whether the documents at issue are “judicial documents,” (2) assess the weight of the common law presumption of access to the materials, and (3) balance competing considerations against the presumption of access. Lugosch, 435 F.3d at 119–20. Having reviewed the proposed redactions, the Court finds that the requests are narrowly tailored to protect proprietary business information, such as confidential sales data, financial data, and competitively sensitive market and consumer research. See, e.g., Playtex Products, LLC v. Munchkin, Inc., No. 14-CV-1308, 2016 WL 1276450, at *11 (S.D.N.Y. Mar. 29, 2016) (Sullivan, J.). Accordingly, the Court concludes that the sensitivity of this information outweighs the presumption of access as stated in Lugosch. The Court may reconsider its sealing determinations at any time, on notice to the parties, with respect to any and all sealed or redacted portions of both Plaintiffs’ and Defendants’ materials. SO ORDERED. Dated: New York, New York October 3, 2022 /s/ Kimba M. Wood KIMBA M. WOOD United States District Judge