E. & J. Gallo Winery v. Strategic Materials, Inc.

Opinion

E. & J. GALLO WINERY, et al., CASE NO. 1:17-cv-01709-EPG 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. STRATEGIC MATERIALS, INC., Defendant.

In connection with their motions for summary judgment, motions to strike, and the various oppositions and replies thereto, Plaintiffs E. & J. Gallo Winery and Gallo Glass Company (“Gallo”) and Defendant Strategic Materials, Inc. (“SMI”) each filed notices to seal their filings. (ECF Nos. 98, 100, 105, 113, 116, 120, 123, 126). At various times, they also filed memoranda in support of the other party’s sealing motions. (ECF Nos. 103, 104, 132, 133). After the Court granted in part and denied in part without prejudice the motions, (ECF No. 135), the parties filed additional briefing concerning their sealing requests, (ECF Nos. 137, 138). Upon review of the materials, and for the reasons below, the Court GRANTS, IN PART, and DENIES, IN PART, the sealing requests. // The Ninth Circuit has set forth substantial case law concerning sealing dispositive motions. Local Rule 141 provides additional standards for this district. The parties appear to agree that the sealing requests are governed by the compelling- reason test for dispositive motions.

Under this stringent standard, a court may seal records only when it finds a compelling reason and articulates the factual basis for its ruling, without relying on hypothesis or conjecture. The court must then conscientiously balance 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 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 statements, or as sources of business information that might harm a litigant's competitive standing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 1096–97 (9th Cir. 2016) (alterations, internal quotation marks, and citations omitted). Parties must also be specific when identifying the information that they seek to 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 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 purports to justify each redaction by listing one of four general categories of privilege (privacy, law enforcement, confidential source, and ongoing investigation). Simply mentioning a general category of privilege, without any further elaboration or any specific linkage with the documents, does not satisfy the burden. Kamakana v. City & Cty. of Honolulu, 447 F.3d 1172, 1183–84 (9th Cir. 2006). II. APPLICATION TO PARTIES’ REQUESTS In balancing the tests, the Court notes at the outset that it did not make any rulings based on the filings. Thus, the public’s interest at issue in the compelling reasons balancing test carries less weight. To the extent the Court orders sealing, it has weighed the public’s interest against the requesting party’s interest. FILINGS AT ECF NO. 99 The Court GRANTS Gallo’s request to seal the following documents at ECF No. 99 for the noted compelling reasons: Document ECF # Compelling Reason Declaration of Alex 99-2 Paragraphs 2 and 3 of this Declaration contain data on Westmoreland in Gallo’s scrap sales. As explained in Paragraph 4 of the Support of Plaintiffs’ Declaration, this data on scrap sales is competitively Motion for Partial sensitive information, both with respect to the absolute Summary Judgement values and trends it reveals regarding year-to-year variation in Gallo operations. Gallo keeps this information confidential. Exhibit M (Majewski 99-8 This testimony contains confidential and competitively Dep. Tr.) sensitive data on Gallo operations and production numbers. Exhibit N (Mundello 99-8 This testimony contains confidential and competitively Dep. Tr.) sensitive data on Gallo operations and production numbers. Plaintiffs and Counter- 99 Portions of the Points and Authorities, as noted by Gallo, Defendants’ Notice of submitted in support of its motion refer to the underlying Motion and Motion for confidential materials. Partial Summary Judgement on Issue of: Defendant’s Claim for Damages Based on Section 19.0 of the Supply Agreement: Memorandum of Points and Authorities

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 Facts in Support of refer to underlying confidential materials. Motion for Partial Summary Judgement FILINGS AT ECF NO. 101 Gallo’s request to seal the following documents at ECF No. 101 are granted for the compelling reasons set forth below. Document ECF # Compelling Reason Exhibit 2 (Dep. Tr. Dan 101-6 This testimony contains confidential and competitively Armagost) sensitive data on Gallo operations, recipes, and production numbers. Exhibit 4 (Dep. Tr. Nigel 101-6 This testimony contains confidential and competitively Dart) sensitive data on Gallo operations, supplies, and vendors. Exhibit 5 (Dep.Tr. Nigel 101-6 This testimony contains confidential and competitively Dart II) sensitive data on Gallo batch costs. Exhibit 6 (Dep. Tr. John 101-6 This testimony contains confidential and competitively Gallo) sensitive data on Gallo operations. Exhibit 8 (Dep. Tr. 101-6 This testimony contains confidential and competitively Lance Lemmings) sensitive data on Gallo operations, recipes, and production numbers. Exhibit 9 (Dep. Tr. Joe 101-6 This testimony contains confidential and competitively Majewski) sensitive data on Gallo tracking of complaints, recipes, operations, and production numbers. Exhibit 10 (Dep. Tr. 101-6 This testimony contains confidential and competitively Mahesh Mistry) sensitive data on Gallo inspection methods and the Parties’ business relationship. Exhibit 11 (Dep. Tr. 101-6 This testimony contains confidential and competitively Chad Mundello) sensitive data on Gallo operations, recipes, and production numbers. Exhibit 14 (Dep. Tr. 101-6 This testimony contains confidential and competitively James Rhodes) sensitive data on Gallo inspection methods and the Parties’ confidential business relationships. Exhibit 15 (Dep. Tr. 101-6 This testimony contains confidential and competitively Foung Thao) sensitive data on Gallo inspection methods and cullet handling. Exhibit 17 (Daniel 101-6 This document contains confidential and competitively Armagost DEX 6) sensitive data on Gallo inspection methods and cullet handling. Exhibit 18 (Daniel 101-6 This document contains confidential and competitively Armagost DEX 7) sensitive data on Gallo inspection methods and cullet handling. Exhibit 19 (Daniel 101-6 This document contains confidential and competitively Armagost DEX 11) sensitive data on Gallo inspection methods and cullet handling. Exhibit 20 (Daniel 101-6 This document contains confidential and competitively Armgaost DEX 12) sensitive data on Gallo inspection methods and cullet handling. Exhibit 24 (John Gallo 101-6 This document contains confidential and competitively DEX 14) sensitive data on Gallo’s operations. Exhibit 25 (John Gallo 101-6 This document contains confidential and competitively DEX 21) sensitive data on terms and conditions in the Parties’ Supply Agreement. Exhibit 27 (John Gallo 101-6 This document contains confidential and competitively DEX 23) sensitive data on the Parties’ business relationship pursuant to the Supply Agreement. Exhibit 29 (Lance 101-6 This document contains confidential and competitively Lemmings DEX 12) sensitive data on Gallo’s inspection methods and cullet quality criteria. Exhibit 31 (Lance 101-6 This document contains confidential and competitively Lemmings DEX 17) sensitive data on Gallo’s operations and cullet requirements. Exhibit 32 (Lance 101-6 This document contains confidential and competitively Lemmings DEX 21) sensitive data on Gallo’s operations and cullet requirements. Exhibit 34 (Joe 101-6 This document contains confidential and competitively Majewski DEX 7) sensitive data on Gallo’s operations and cullet requirements. Exhibit 42 (Chad 101-6 This document contains confidential and competitively Mundello DEX 5) sensitive data on Gallo’s operations and cullet requirements. Exhibit 43 Chad 101-6 This document contains confidential and competitively Mundello DEX 7) sensitive data on Gallo’s operations and cullet requirements. Exhibit 55 (Steve Nicolai 101-6 This document contains confidential and competitively DEX 27) sensitive data on Gallo’s inspection methods and the Parties’ business relationship. Exhibit 56 (Steve Nicolai 101-6 This document contains confidential and competitively DEX 29) sensitive data on Gallo’s operations and cullet requirements. Exhibit 58 (Steve Nicolai 101-6 This document contains confidential and competitively II DEX 20) sensitive data on Gallo’s costs and supplier relations. Exhibit 59 (James 101-6 This document contains confidential and competitively Rhodes DEX 3) sensitive data on Gallo’s inspection methods, operations and cullet requirements. Exhibit 60 (James 101-6 This document contains confidential and competitively Rhodes DEX 9) sensitive data on Gallo’s inspection methods, operations and cullet requirements. Exhibit 61 (James 101-6 This document contains confidential and competitively Rhodes DEX 12) sensitive data on Gallo’s operations and cullet requirements. Exhibit 62 (James 101-6 This document contains confidential and competitively Rhodes DEX 13) sensitive data on Gallo’s operations and cullet requirements. Exhibit 63 (James 101-6 This document contains confidential and competitively Rhodes DEX 14) sensitive data on Gallo’s operations and cullet requirements. Exhibit 64 (James 101-6 This document contains confidential and competitively Rhodes DEX 16) sensitive data on Gallo’s operations and cullet requirements. Exhibit 65 (James 101-6 This document contains confidential and competitively Rhodes DEX 17) sensitive data on Gallo’s operations and cullet requirements. Exhibit 66 (James 101-6 This document contains confidential and competitively Rhodes DEX 19) sensitive data on Gallo’s operations and cullet requirements. Exhibit 67 (James 101-6 This document contains confidential and competitively Rhodes DEX 20) sensitive data on Gallo’s operations and cullet requirements. Exhibit 68 (James 101-6 This document contains confidential and competitively Rhodes DEX 11) sensitive data on Gallo’s operations and cullet requirements. Exhibit 69 (James 101-6 This document contains confidential and competitively Rhodes DEX 21) sensitive data on Gallo’s operations and cullet requirements. Exhibit 70 (James 101-6 This document contains confidential and competitively Rhodes DEX 23) sensitive data on Gallo’s operations and cullet requirements. Exhibit 71 (Foung Thao 101-6 This document contains confidential and competitively DEX 3) sensitive data on Gallo’s cullet inspection process. Exhibit 72 (Foung Thao 101-6 This document contains confidential and competitively DEX 4) sensitive data on Gallo’s cullet inspection process. Exhibit 74 (Foung Thao 101-6 This document contains confidential and competitively DEX 15) sensitive data on Gallo’s cullet inspection process. Exhibit 75 (Foung Thao 101-6 This document contains confidential and competitively DEX 31) sensitive data on Gallo’s cullet inspection process. Exhibit 78 (Foung Thao 101-6 This document contains confidential and competitively DEX 39) sensitive data on Gallo’s cullet inspection process and the Parties’ business relationship. Exhibit 86 (Curt Bucey 101-6 This document contains confidential and competitively DEX 104) sensitive data on the Parties’ business relationship and Supply Agreement. Exhibit 88 101-6 This document contains confidential and competitively (GALLO_00028882) sensitive data on the Parties’ business relationship and Supply Agreement. Exhibit 89 101-6 This document contains confidential and competitively (GALLO_00006349) sensitive data on the Parties’ business relationship and Supply Agreement. Exhibit 90 101-6 This document contains confidential and competitively (GALLO_00006370) sensitive data on the Parties’ business relationship and Supply Agreement. Exhibit 98 101-6 This document contains confidential and competitively (GALLO_00010588-91) sensitive data on the Parties’ business relationship and Supply Agreement. FILINGS AT ECF NO. 114 Gallo’s and SMI’s requests to seal the following documents at ECF No. 114 are granted for the compelling reasons set forth below. Document ECF # Compelling Reason Exhibit A (Dep. Tr. 114-4 This testimony contains confidential and competitively Steve Nicolai) sensitive data on Gallo’s suppliers and recipes. Exhibit B (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Bucey) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. This information includes the volumes, colors, and quality of cullet that SMI provides Gallo, cullet prices, the manner in which the parties assess cullet quality, and how the parties conduct their business negotiations. If made public, such information could harm SMI’s business relationships with current or prospective customers. Exhibit C (Dep. Tr. 114-4 This testimony contains confidential and competitively James Rhodes) sensitive data on Gallo’s operations and quality control. Exhibit D (Dep. Tr. 114-4 This testimony contains confidential and competitively Lance Lemmings) sensitive data on Gallo’s operations and recipes. Exhibit E (Lance 114-4 This document contains confidential and competitively Lemmings DEX 13) sensitive data on Gallo’s operations. Exhibit F (Dep. Tr. 114-4 This testimony contains confidential and competitively Foung Thao) sensitive data on Gallo’s operations and cullet requirements. Exhibit G (Dep. Tr. Dan 114-4 This testimony contains confidential and competitively Armagost) sensitive data on Gallo’s operations and cullet requirements. Exhibit H (Dep. Tr. 114-4 This testimony contains confidential and competitively Chad Mundello) sensitive data on Gallo’s operations, recipes and supply acquisition. Exhibit I (Dep. Tr. Paul 114-4 Confidential information regarding SMI’s pricing, Faherty) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit J (draft Supply 114-4 This document contains confidential and competitively Agreement) sensitive data on the Parties’ negotiation and draft of the Supply Agreement, which the Court has elsewhere allowed to be sealed in its final version. Exhibit K (Dep. Tr. John 114-4 This testimony contains confidential and competitively Gallo) sensitive data on Gallo’s operations and the Parties’ business relationship. Exhibit L (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Brian Brown) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit M (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Daniel Burkard) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit N (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Jimmy Rayford) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit O (DEX JR-12) 114-4 Confidential information regarding SMI’s pricing, finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit P (DEX JR-15) 114-4 Confidential information regarding SMI’s pricing, finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit Q (DEX Bucey 114-4 Confidential information regarding SMI’s pricing, 79) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit U (DEX JR-12) 114-4 Confidential information regarding SMI’s pricing, finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit V (Dep. Tr. 114-4 Confidential information regarding SMI’s pricing, Dennis Hinson) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit W (Faherty DEX 114-4 Confidential information regarding SMI’s pricing, 5) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit X (Faherty DEX 114-4 This testimony reveals confidential information regarding 6) the parties’ relationship and SMI’s business. Exhibit Y (Faherty DEX 114-4 Confidential information regarding SMI’s pricing, 7) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit Z (Faherty DEX 114-4 Confidential information regarding SMI’s pricing, 8) finances, material volumes, supply chain, and customers— the disclosure of which would severely harm SMI’s competitive standing in the industry. Exhibit AA (Faherty 114-4 This testimony reveals confidential information regarding DEX 9) the parties’ relationship and SMI’s business. Exhibit BB (Mundello 114-4 This document contains confidential and competitively DEX 1) sensitive data on Gallo’s operations and cullet storage capacity. Exhibit JJ (Foung Thao 114-4 This document contains confidential and competitively DEX 9) sensitive data on Gallo’s operations and the Parties’ business relationship. Exhibit KK (Chad 114-4 This document contains confidential and competitively Mundello DEX 4) sensitive data on Gallo’s operations, cullet quality, and the Parties’ business relationship. Exhibit MM (Lance 114-4 This document contains confidential and competitively Lemmings DEX 1) sensitive data on Gallo’s batch costs. Exhibit UU (Dep. Tr. 114-4 This testimony contains confidential and competitively Steve Nicolai II) sensitive data on Gallo’s costs and operations. Exhibit VV (Steve 114-4 This document contains confidential and competitively Nicolai II DEX 38) sensitive data on Gallo’s 2015 Annual Operating Plan. Exhibit WW (Steve 114-4 This document contains confidential and competitively Nicolai DEX 29) sensitive data on Gallo’s operations and cullet requirements. Exhibit XX (Steve 114-4 This document contains confidential and competitively Nicolai DEX 15) sensitive data on the Parties’ Supply Agreement, cullet pricing and other elements of their business relationship. Exhibit YY (Steve 114-4 This document contains confidential and competitively Nicolai DEX 18) sensitive data on the Parties’ Supply Agreement, cullet pricing and other elements of their business relationship. Exhibit III (Bucey DEX 114-4 This document contains confidential and competitively 78) sensitive data on the Parties’ Supply Agreement, cullet pricing and other elements of their business relationship. Exhibit LLL (Bucey 114-4 This document contains confidential and competitively DEX 109) sensitive data on the Parties’ Supply Agreement, cullet pricing and other elements of their business relationship. Exhibit MMM (Joe 114-4 This document contains confidential and competitively Majewski DEX 17) sensitive data on Gallo’s operations and storage facilities. Exhibit OOO (DEX 15) 114-4 This document contains confidential and competitively sensitive data on Gallo’s operations and quality control methods. Exhibit VVV (Bucey 114-4 This document contains confidential and competitively DEX 59) sensitive draft of the Parties’ Supply Agreement which the Court has previously allowed to be sealed in its final form. It also contains confidential information about SMI’s business. Exhibit AAAA (DEX 114-4 This document contains confidential and competitively 27) sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit BBBB (DEX 34) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit CCCC (DEX 16) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit EEEE 114-4 This document contains confidential and competitively (Lemmings DEX 21) sensitive information on Gallo’s operations and cullet usage. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit IIII (DEX 18) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit JJJJ (DEX 22) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit KKKK (DEX 114-4 This document contains confidential and competitively 46) sensitive information on Gallo’s operations and cullet supplies. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit MMMM (Bucey 114-4 This document contains confidential and competitively DEX 82) sensitive information related to pricing under the Parties’ Supply Agreement and other aspects of their business relationship. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit NNNN 114-4 This testimony contains confidential and competitively (Majewski Dep. Tr.) sensitive information related to Gallo’s operations and recipes. Exhibit OOOO (John 114-4 This document contains confidential and competitively Gallo DEX 12) sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Exhibit PPPP (DEX 48) 114-4 This document contains confidential and competitively sensitive meeting minutes from the Parties’ Quarterly Business Review. In addition, disclosure would severely harm SMI’s competitive standing because the exhibit includes information regarding SMI’s pricing, finances, material volumes, supply chains, and customers. Plaintiff’s Points and 114 Portions of the Points and Authorities submitted in support Authorities in of its opposition refer to the above underlying confidential Opposition to Defendant materials. Strategic Materials, Inc.’s Motion for Summary Judgement Plaintiff’s Response to 114-2 Portions of the Response to SMI’s Separate Statement of Defendants’ Statement Undisputed Material Facts refer to the above underlying of Undisputed Facts in confidential materials. Support of Motion for Summary Judgement In addition to the foregoing, disclosure of the following exhibits to ECF No. 114-4 would severely harm SMI’s competitive standing because they include information regarding SMI’s pricing, finances, material volumes, supply chains, and customers: Exhibit BB Exhibit PP Exhibit III Exhibit UUU Exhibit CC Exhibit QQ Exhibit JJJ Exhibit WWW Exhibit DD Exhibit RR Exhibit KKK Exhibit XXX Exhibit EE Exhibit SS Exhibit LLL Exhibit YYY Exhibit FF Exhibit TT Exhibit NNN Exhibit AAAA Exhibit GG Exhibit ZZ Exhibit OOO Exhibit BBBB Exhibit HH Exhibit DDD Exhibit PPP Exhibit DDDD Exhibit II Exhibit EEE Exhibit QQQ Exhibit GGGG Exhibit LL Exhibit FFF Exhibit RRR Exhibit HHHH Exhibit NN Exhibit GGG Exhibit SSS Exhibit LLLL Exhibit OO Exhibit HHH Exhibit TTT The following exhibits to ECF No. 114-4 contain confidential information about SMI’s short and long-term business plans and strategies that could be misappropriated by competitors if made public. Therefore, there is a compelling reason to seal them: Exhibit B Exhibit DD Exhibit II Exhibit I Exhibit EE Exhibit TT Exhibit N Exhibit FF Exhibit AAA Exhibit U Exhibit GG Exhibit CCC Exhibit CC Exhibit HH The following exhibits to ECF No. 114-4 contain confidential information about the business relationship between the parties. This information includes the volumes, colors, and quality of cullet that SMI provides Gallo, cullet prices, the manner in which the parties assess cullet quality, and how the parties conduct their business negotiations. If made public, such information could harm SMI’s business relationships with current or prospective customers:

Exhibit B Exhibit SS Exhibit XXX Exhibit I Exhibit ZZ Exhibit YYY Exhibit L Exhibit BBB Exhibit AAAA Exhibit M Exhibit DDD Exhibit BBBB Exhibit N Exhibit EEE Exhibit CCCC Exhibit O Exhibit FFF Exhibit DDDD Exhibit P Exhibit GGG Exhibit EEEE Exhibit Q Exhibit HHH Exhibit FFFF Exhibit U Exhibit III Exhibit GGGG Exhibit W Exhibit JJJ Exhibit HHHH Exhibit Y Exhibit KKK Exhibit IIII Exhibit BB Exhibit LLL Exhibit JJJJ Exhibit LL Exhibit NNN Exhibit KKKK Exhibit NN Exhibit RRR Exhibit LLLL Exhibit OO Exhibit SSS Exhibit MMMM Exhibit PP Exhibit TTT Exhibit OOOO Exhibit QQ Exhibit UUU Exhibit PPPP Exhibit RR Exhibit WWW FILINGS AT ECF NO. 117 Gallo’s request to seal the following documents at ECF No. 117 are granted for the compelling reasons set forth below. Document ECF # Compelling Reason Exhibit 2 (Dep. Tr, 117-3 This testimony contains confidential and competitively Lance Lemmings) sensitive information regarding Gallo’s operations, recipes and bottle colors. Exhibit 3 (Dep. Tr. 117-3 This testimony contains confidential and competitively Daniel Armagost) sensitive information regarding Gallo’s operations, recipes and bottle colors. Exhibit 8 (Dep. Tr. Nigel 117-3 This testimony contains confidential and competitively Dart) sensitive information regarding Gallo’s operations, scrap generation, and suppliers. Exhibit 10 (Dep. Tr. 117-3 This document contains confidential and competitively Nigel Dart) sensitive information from the Parties’ Quarterly Business Review. Exhibit 15 (Perez DEX 117-3 This document contains confidential and competitively 7) sensitive information regarding the Parties’ strategic business relationship. Exhibit 20 (Dep. Tr, 117-3 This testimony contains confidential and competitively John Gallo) sensitive information about the Parties’ Supply Agreement and business relations. Exhibit 23 (Dep. Tr. 117-3 This testimony contains confidential and competitively Chad Mundello) sensitive information about Gallo’s operations and efficiencies. Exhibit 24 (Dep. Tr. Joe 117-3 This testimony contains confidential and competitively Majewksi) sensitive information about Gallo’s operations and efficiencies. Exhibit 25 (Dep. Tr. 117-3 This testimony contains confidential and competitively Steve Nicolai) sensitive information about Gallo’s operations and efficiencies. Exhibit 27 (Dep. Tr. 117-3 This testimony contains confidential and competitively Nigel Dart) sensitive information about Gallo’s market for transition glass bottles. Exhibit 28 (Nigel Dart 117-3 This document contains confidential and competitively DEX 3) sensitive information about Gallo’s operations and cullet supplies. Exhibit 29 (Supplier 117-3 This document contains confidential and competitively Symposium) sensitive information about the Parties’ business relationship. Neither party has provided an argument as to why Exhibit 33 of ECF No. 117-3 should remain sealed. Therefore, the Court will order that exhibit unsealed. FILINGS AT ECF NO. 124 SMI seeks to (1) redact portions of its reply in support of its motion for summary judgment and (2) redact portions of its reply to Gallo’s responses to SMI’s statement of undisputed facts. (ECF Nos. 124, 124-2). With respect to ECF No. 124, the portions SMI seeks to redact are (1) quotations from or information about the parties’ supply agreement that the Court has already otherwise sealed, (2) cullet volume amounts, and (3) other confidential terms from the supply agreement. SMI has shown a compelling reason to seal these. With respect to ECF No. 124-2, SMI seeks to redact portions that directly quote or paraphrase confidential documents. The documents at issue are ones the Court already has, or currently is, finding are sealable under the compelling reasons test. For the same reasons as those documents are sealable, so too are the redacted portions of ECF No. 124-2. Therefore, the Court grants SMI’s request to permanently redact portions of ECF Nos. 124 and 124-2. FILINGS AT ECF NO. 127 Gallo’s request to seal the following documents at ECF No. 127 are granted for the compelling reasons set forth below. Document ECF # Compelling Reason Exhibit B (Various 127-2 This testimony contains confidential and competitively Deposition Excerpts re: sensitive information about Gallo’s use of batch materials Batch) and related costs. Exhibit C (Dep. Tr. 127-2 This testimony contains confidential and competitively Joseph Majewski) sensitive information about Gallo’s operations. Exhibit D (Dep. Tr. 127-2 This testimony contains confidential and competitively Nigel Dart) sensitive information about Gallo’s operations. Exhibit F (Dep. Tr. Chad 127-2 This testimony contains confidential and competitively Mundello) sensitive information about Gallo’s operations and recipes. Exhibit G (Dep. Tr. 127-2 This testimony contains confidential and competitively Lance Lemmings) sensitive information about Gallo’s operations and recipes. Exhibit H (Dep. Tr. Dan 127-2 This testimony contains confidential and competitively Armagost) sensitive information about Gallo’s operations and recipes. Exhibit I (Dep. Tr. 127-2 This testimony contains confidential and competitively Joseph Majewski) sensitive information about Gallo’s operations and recipes. Exhibit L (Dep. Tr. 127-2 This testimony contains confidential and competitively James Rhodes) sensitive information about Gallo’s operations and storage facilities. Exhibit M (Dep. Tr. 127-2 This testimony contains confidential and competitively Steve Nicolai) sensitive information about Gallo’s costs and strategies. Exhibit N (Dep. Tr. 127-2 This testimony contains confidential and competitively Steve Nicolai II) sensitive information about Gallo’s batch costs and suppliers. Exhibit O (Dep. Tr. Alex 127-2 This testimony contains confidential and competitively Westmoreland) sensitive information about Gallo’s batch costs. Exhibit P (Dep. Tr. 127-2 This testimony contains confidential and competitively Stuart Harden) sensitive information about Gallo’s batch costs. FILINGS AT ECF NO. 128 Gallo’s request to seal the following documents at ECF No. 128 are granted for the compelling reasons set forth below. Document ECF # Compelling Reason Exhibit A (Harden 128-2 This document contains confidential and competitively Report) sensitive information about the Parties’ business relationship, cullet prices and Gallo’s cullet purchases under the Supply Agreement. Exhibit E (Dep. Tr. 128-2 This testimony contains confidential and competitively Steve Nicolai) sensitive information about Gallo’s cullet purchases and operations. Exhibit F (Dep. Tr. Chad 128-2 This testimony contains confidential and competitively Mundello) sensitive information about the Parties’ business relationship. 4:41 VV VEER YS MMU BOY PI ee AY tw I

H. FILINGS AT ECF NO. 131 The Court has sealed various exhibits to this filing. (ECF No. 136 at 14). SMI has now argued that the Court should also permanently redact portions of its brief. (ECF No. 13 at 6). The Court GRANTS SMI’s request to permanently redact portions of pages 12 and 13 that refer to the exhibits previously sealed. I. CONCLUSION AND ORDERS Other than as noted below, the Court grants all sealing requests. Such documents may be accessed only by the parties, their litigation counsel, and the Court. Exhibit 33 of ECF No. 117-3 shall no longer be sealed. Within 14 days, SMI shall re-file ECF No. 117-3. Such filing shall include Exhibit 33 in full. IT IS SO ORDERED. Dated: _ July 16, 2020 [spe ey — UNITED STATES MAGISTRATE JUDGE