Prescott v. Reckitt Benckiser LLC

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 STEVEN PRESCOTT, et al., individually Case No. 20-cv-02101-BLF and on behalf of others similarly situated 9 Plaintiffs, OMNIBUS ORDER RE 10 ADMINISTRATIVE MOTIONS TO v. FILE UNDER SEAL IN CONNECTION 11 WITH SUMMARY JUDGMENT RECKITT BENCKISER LLC, BRIEFING 12 Defendant. [Re: ECF 154, 155, 158, 159, 164, 165] 13

15 16 17 This order addresses six administrative sealing motions filed by Plaintiffs and Defendant 18 Reckitt Benckiser LLC (“Reckitt”) in connection with the briefing on Reckitt’s motion for 19 summary judgment: (1) Reckitt’s administrative motion to file under seal portions of its motion 20 for summary judgment and related documents (ECF 154); (2) Reckitt’s administrative motion to 21 consider whether another party’s materials should be sealed in connection with Reckitt’s motion 22 for summary judgment (ECF 155); (3) Plaintiffs’ administrative motion to file under seal excerpt 23 of Exhibit 13 to Reckitt’s motion for summary judgment (ECF 158); (4) Plaintiffs’ administrative 24 motion to consider whether another party’s materials should be sealed in connection with 25 Plaintiffs’ opposition (ECF 159); (5) Reckitt’s administrative motion to seal portions of Plaintiffs’ 26 opposition and related documents (ECF 164); and Reckitt’s administrative motion to file under 27 seal portions of its reply and related documents (ECF 165). 1 I. LEGAL STANDARD 2 “Historically, courts have recognized a ‘general right to inspect and copy public records 3 and documents, including judicial records and documents.’” Kamakana v. City and Cnty. of 4 Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006) (quoting Nixon v. Warner Commc’ns, Inc., 435 5 U.S. 589, 597 & n.7 (1978)). Consequently, access to motions and their attachments that are 6 “more than tangentially related to the merits of a case” may be sealed only upon a showing of 7 “compelling reasons” for sealing. Ctr. for Auto Safety v. Chrysler Grp., LLC, 809 F.3d 1092, 8 1101-02 (9th Cir. 2016). Filings that are only tangentially related to the merits may be sealed 9 upon a lesser showing of “good cause.” Id. at 1097. 10 Under this Court’s Civil Local Rules, a party moving to seal a document in whole or in 11 part must file a statement identifying the legitimate private or public interests that warrant sealing, 12 the injury that will result if sealing is denied, and why a less restrictive alternative to sealing is not 13 sufficient. See Civ. L.R. 79-5(c)(1). A supporting declaration shall be submitted if necessary. See 14 Civ. L.R. 79-5(c)(2). Finally, the moving party must submit “a proposed order that is narrowly 15 tailored to seal only the sealable material[.]” Civ. L.R. 79-5(c)(3). 16 Where the moving party requests sealing of material that has been designated confidential 17 by another party, the designating party has the burden to establish that the material should be 18 sealed. See Civ. L.R. 79-5(f). 19 II. DISCUSSION 20 “The compelling reasons standard applies to sealing of documents relating to motions for 21 class certification and summary judgment because those motions are ‘more than tangentially 22 related to the underlying cause of action.’” Freitas v. Cricket Wireless, LLC, No. C 19-7270 23 WHA, 2022 WL 971578, at *1 (N.D. Cal. Mar. 31, 2022) (quoting Ctr. for Auto Safety, 809 F.3d 24 at 1099). The sealing motions before the Court address three sets of documents: Reckitt’s motion 25 for summary judgment and supporting exhibits; Plaintiffs’ opposition to summary judgment and 26 supporting exhibits; and Reckitt’s reply in support of summary judgment and supporting exhibits. 27 The Court addresses the parties’ motions related to these three sets of documents in turn. 1 A. Sealing Motions Re Motion for Summary Judgment (ECF 154, 155, 158) 2 Reckitt has filed a motion to seal portions of its summary judgment motion and supporting 3 documents (ECF 154) on the basis that those filings contain confidential Reckitt materials that 4 satisfy the compelling reasons test for sealing. This motion is supported by the declarations of 5 Chris Tyrell (ECF 154-2) and Sascha Henry (ECF 154-1), who state that the materials contain 6 confidential information regarding Reckitt’s detergent formulas, product development, testing 7 protocols, internal business strategies, internal communications, and financial information. See 8 Tyrell Decl. ¶¶ 2, 4, 6, 8, 10, 12, 14, 16; Henry Decl. ¶¶ 2-4, 6, 8, 10, 12. The Ninth Circuit has 9 found this type of information to be sealable, and this Court previously has found the same or 10 similar materials appropriate for sealing in this case. See In re Elec. Arts, Inc., 298 F. App’x 568, 11 569 (9th Cir. 2008); Prescott v. Reckitt Benckiser LLC, No. 20-CV-02101-BLF, 2022 WL 847309, 12 at *2 (N.D. Cal. Mar. 22, 2022). 13 Based on the declarations of Mr. Tyrell and Mr. Henry, and after evaluating the materials 14 in question, the Court is satisfied that Reckitt has demonstrated compelling reasons for sealing the 15 designated portions of its summary judgment motion and supporting exhibits and that Reckitt’s 16 sealing requests are narrowly tailored to seal only sealable material. Reckitt seeks targeted 17 redactions with respect to its summary judgment brief and Exhibits 1-5, and 31 to the Bunker 18 Declaration. Reckitt requests sealing of two exhibits in their entirety – Exhibits 6, containing 19 confidential trade secrets, and Exhibit 7, containing information about confidential proceedings 20 before the National Advertising Division (“NAD”) – and the Court finds that more limited 21 redactions of those exhibits would not be sufficient to protect Reckitt’s confidential information. 22 It is the Court’s determination that, given the sensitive nature of the information in question, 23 Reckitt has demonstrated that its interest in keeping its confidential information private outweighs 24 the public’s interest in access to the information. See Kamakana, 447 F.3d at 1179 (“[T]he court 25 must conscientiously balance[ ] the competing interests of the public and the party who seeks to 26 keep certain judicial records secret.” (internal quotation marks and citation omitted)). 27 Accordingly, Reckitt’s motion to seal portions of its summary judgment motion and related 1 Reckitt also has filed a motion to consider whether another party’s materials should be 2 sealed (ECF 155), specifically Exhibits 13, 15, and 16 to the declaration of Khirin Bunker, on the 3 basis that Plaintiffs have designated those materials confidential. Plaintiffs have responded by 4 filing an administrative motion to seal (ECF 158) which is limited to a single line of Exhibit 13 to 5 the Bunker Declaration, containing Plaintiff Robert Prescott’s email address. Plaintiffs do not 6 seek to seal any other portions of Exhibits 13, 15, or 16 to the Bunker Declaration. District courts 7 within the Ninth Circuit have found that a party’s legitimate interest in ensuring the privacy of 8 personal information outweighs the public’s interest in access to court filings. See Activision 9 Publ’g, Inc. v. EngineOwning UG, No. CV 2:22-cv-00051-MWF (JCx), 2023 WL 2347134, at *1 10 (C.D. Cal. Feb. 27, 2023) (“[C]ompelling reasons exist to keep personal information confidential 11 to protect an individual’s privacy interest and to prevent exposure to harm or identity theft.”). 12 Reckitt’s motion to consider whether another party’s materials should be sealed (ECF 155) 13 is GRANTED as to the materials designated in Plaintiffs’ companion motion to seal (ECF 158), 14 which also is GRANTED. 15 B. Sealing Motions Re Opposition to Summary Judgment (ECF 159, 164) 16 Plaintiffs have filed a motion to consider whether another party’s materials should be 17 sealed (ECF 159), noting that portions of their opposition brief and related documents contain 18 materials designated confidential by Reckitt. Reckitt has responded by filing a motion to seal 19 portions of Plaintiffs’ opposition brief and supporting exhibits (ECF 164). Reckitt’s motion is 20 supported by the declarations of Chris Tyrell (ECF 164-2) and Khirin Bunker (ECF 164-1), who 21 state that the materials contain confidential information regarding Reckitt’s detergent formulas, 22 product development, testing protocols, internal business strategies, internal communications, and 23 financial information. See Tyrell Decl. ¶¶ 2-3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 24 33, 35, 37, 39, 41, 43, 45-46, and 48; Bunker Decl. ¶¶ 2-14. The Ninth Circuit has found this type 25 of information to be sealable, and this Court has found similar material appropriate for sealing in 26 this case. See In re Elec. Arts, Inc., 298 F. App’x at 569; Prescott, 2022 WL 847309, at *2. 27 Based on the declarations of Mr. Tyrell and Mr. Bunker, and after evaluating the materials 1 designated portions of Plaintiffs’ opposition and supporting exhibits and that Reckitt’s sealing 2 requests are narrowly tailored to seal only sealable material. Reckitt seeks targeted redactions 3 with respect to Plaintiffs’ opposition brief and Exhibits 1-4, 6, 10-11, 13-14, 16-23, and 25-26 to 4 the declaration of Eric Kafka. Reckitt requests sealing of four exhibits in their entirety, Exhibits 5 12, 24, 27, and 28 to the Kafka Declaration. The Court finds that more limited redactions of those 6 exhibits would not be sufficient to protect Reckitt’s confidential information contained therein. It 7 is the Court’s determination that, given the sensitive nature of the information in question, Reckitt 8 has demonstrated that its interest in keeping its confidential information private outweighs the 9 public’s interest in access to the information. See Kamakana, 447 F.3d at 1179. 10 Accordingly, Plaintiffs’ motion to consider whether another party’s materials should be 11 sealed (ECF 159) is GRANTED as to the materials specified in Reckitt’s companion motion to 12 seal (ECF 164), which also is GRANTED. 13 C. Sealing Motion Re Reply in Support of Summary Judgment (ECF 165) 14 Reckitt has filed a motion to seal portions of its reply and related documents (ECF 165). 15 The motion is supported by the declarations of Chris Tyrell (ECF 165-2) and Khirin Bunker (ECF 16 165-1), who state that the materials contain confidential information regarding Reckitt’s detergent 17 formulas, product development, testing protocols, internal business strategies, internal 18 communications, and financial information. See Tyrell Decl. ¶¶ 2-4; Bunker Decl. ¶¶ 2-7. The 19 Ninth Circuit has found this type of information to be sealable, and this Court has found such 20 material appropriate for sealing in this case. See In re Elec. Arts, Inc., 298 F. App’x at 569; 21 Prescott, 2022 WL 847309, at *2. 22 Based on the declarations of Mr. Tyrell and Mr. Bunker, and after evaluating the materials 23 in question, the Court is satisfied that Reckitt has demonstrated compelling reasons for sealing the 24 designated portions of its reply and supporting exhibits and that Reckitt’s sealing requests are 25 narrowly tailored to seal only sealable material. Reckitt seeks targeted redactions with respect to 26 its reply brief and Exhibits 1-2 and 4 to the reply declaration of Sascha Henry. Reckitt does not 27 seek sealing of any reply exhibits in their entirety. It is the Court’s determination that, given the 1 keeping its confidential information private outweighs the public’s interest in access to the 2 information. See Kamakana, 447 F.3d at 1179. 3 Reckitt’s motion to seal portions of its reply and relate documents is GRANTED. 4 Il. ORDER 5 (1) Reckitt’s motion to seal portions of its summary judgment motion and 6 related documents (ECF 154) is GRANTED. 7 (2) Reckitt’s motion to consider whether another party’s materials should be 8 sealed (ECF 155) is GRANTED as to the material designated in Plaintiffs’ 9 companion motion to seal (ECF 158). 10 (3) Plaintiffs’ motion to seal (ECF 158) is GRANTED. 11 (4) Plaintiffs’ motion to consider whether another party’s materials should be 12 sealed (ECF 159) is GRANTED as to the materials specified in Reckitt’s 5 13 companion motion to seal (ECF 164). 14 (5) Reckitt’s motion to seal portions of Plaintiffs’ opposition brief and supporting exhibits (ECF 164) is GRANTED. a 16 (6) Reckitt’s motion to seal portions of its reply and related documents (ECF 165) is GRANTED. 18 (7) The specific portions of the briefs and exhibits as to which sealing is granted are 19 identified in the charts appended to this order. 20 (8) This order terminates ECF 154, 155, 158, 159, 164, and 165. 21 22 Dated: March 9, 2023

BETH LABSON FREEMAN 24 United States District Judge 25 26 27 28

ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. No. 2 Reckitt’s Motion Highlighted portions of: The portions that Reckitt seeks 3 for Summary Page 5 line 25 and Page 6 to seal contain confidential Judgment lines 1, 4-5, 11-12, 17-18 information regarding the suppliers 4 of Reckitt’s enzyme materials and

information regarding product testing 5 and Reckitt’s trade secret claims 6 substantiation protocol referred to internally as CS-3775. 7 (Tyrell Decl. ¶¶ 2-3.) Public disclosure of this information could 8 cause competitive harm to Reckitt. (Id.) Portions also contain 9 information related to a confidential 10 proceeding before the NAD. (Henry Decl., ¶¶ 3-4, 12.) Public disclosure 11 of this information could cause competitive harm to Reckitt. (Id.) 12 Ex. 1 Internal Page RB0007632. The portions that Reckitt seeks 13 Presentation to seal contain confidential 14 Excerpts, information regarding formula RB0007631- changes to Woolite products over 15 RB0007632 time and includes confidential project names. (Tyrell Decl. ¶¶ 4-5.) 16 Public disclosure of this information could cause competitive harm to 17 Reckitt. (Id.) 18 Ex. 2 Expert Rebuttal Highlighted portions of: 1. The portions that Reckitt seeks 19 Report of Martin Page 3, Paragraphs 6 and 2. to seal contain confidential Bide, Ph.D dated 8; Page 5, Paragraph 14; 3. information regarding product 20 October 17, 2022 Page 6, Paragraphs 14-16; testing and Reckitt’s trade secret 21 Page 8, Paragraph 23; Page claims substantiation protocol 9, Paragraphs 26, 27, and referred to internally as CS-3775. 22 28; Page 10, Paragraphs 29 (Tyrell Decl. ¶¶ 6-7.) Public and 30; Page 11, Paragraph disclosure of this information could 23 30; Page 12, Paragraphs cause competitive harm to Reckitt. 30, 31, and 32; Page 13, (Id.) Portions also contain 24 Paragraph 32; Page 14, information related to a confidential 25 Paragraphs 34, 35, and 36; proceeding before the NAD. (Henry Page 15, Paragraphs 36 Decl., ¶¶ 3-4, 6-7.) Public 26 and 37; Page 22, Paragraph disclosure of this information could 50 and Footnote 19; Page cause competitive harm to Reckitt. 27 24, Paragraph 56 and (Id.) ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. 2 No. Paragraphs 57, 58, and 59; The Court has previously found that 3 Page 26, Paragraph 60; this same material warrants sealing. 4 Page 27, Paragraphs 61, See ECF No. 128. 63, and Footnote 25; Page 5 28, Paragraphs 64, 65, 66, and Footnote 26; Page 29, 6 Paragraphs 66, 67, 68, and 69; Page 30, Paragraphs 69 7 and 74; Page 31, 8 Paragraphs 72, 75(a), 75(b), and 75(c); and 9 Exhibit 2, Supplier Materials. 10 11 Ex. 3 Excerpts from the Highlighted portions of: 5. The portions that Reckitt seeks deposition of 52:16-23 and 62:10, 25. 6. to seal contain confidential 12 Heidi Fuentes information regarding Reckitt’s Woolite laundry detergent 13 formulation, development, and confidential project names. (Tyrell 14 Decl. ¶¶ 8-9.) Public disclosure of 15 this information could cause competitive harm to Reckitt. (Id.) 16 Ex. 4 Excerpts from the Highlighted portions of: 7. The portions that Reckitt seeks 17 deposition of 227:1-18, 228:5-11. 8. to seal contain confidential Randy Emil information regarding product testing 18 Meirowitz, Ph.D. and Reckitt’s trade secret claims 19 substantiation protocol referred to internally as CS-3775. (Tyrell Decl. 20 ¶¶ 10-11.) Public disclosure of this information could cause competitive 21 harm to Reckitt. (Id.) Portions also contain information related to a 22 confidential proceeding before the 23 NAD. (Henry Decl., ¶¶ 3-4, 8-9.) Public disclosure of this information 24 could cause competitive harm to Reckitt. (Id.) 25 Ex. 5 “Bronze Launch Page RB0001779. The portions that Reckitt seeks 26 Reco” Excerpts, to seal contain confidential 27 RB0001764, information regarding formulations of RB0001779 Woolite and supporting enzyme ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. 2 No. Public disclosure of this information 3 could cause competitive harm to 4 Reckitt. (Id.)

5 Ex. 6 CS-3775, In its entirety. Defendant seeks to seal a copy of RB0000073 Reckitt’s confidential trade secret 6 claims substantiation testing protocol (CS-3775). (Tyrell Decl. ¶¶ 14-15.) 7 The methodology behind the 8 protocol was specifically developed by Reckitt’s internal Research & 9 Development team and constitutes highly sensitive information that is 10 treated as a trade secret by Reckitt in the ordinary course of business. (Id.) 11 The public disclosure of this 12 information could cause competitive harm to Reckitt’s. (Id.) 13 The Court has previously found that 14 this same material warrants sealing. 15 See ECF No. 128.

16 Ex. 7 March 17, 2019 In its entirety. Defendant seeks to seal a submission letter from by Procter & Gamble regarding 17 Proctor & Gamble Reckitt’s advertising as part of a to the National confidential NAD proceeding. 18 Advertising (Henry Decl., ¶¶ 2-5.) This 19 Division confidentiality requirement is important to facilitate NAD’s dispute 20 resolution process, and Reckitt would be harmed if the materials it 21 submitted in the NAD proceedings were publicly disclosed despite the 22 parties and NAD’s expectations and 23 requirements that this information remain confidential. (Id.) 24 The Court has previously found that 25 this same material warrants sealing. See ECF No. 128. 26

27 Ex. Excerpts of Line 140:3 The line contains Plaintiff Steven Deposition Prescott’s email address ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. 2 No. Transcript of 3 Steven Prescott 4 Ex. Expert Trial Highlighted portions of The portions that Reckitt seeks to 31 Report of Randy Expert Report of Randy seal contain discussions of Reckitt’s 5 Emil Meirowitz, Emil Meirowitz, Ph.D. trade secret claims substantiation Ph.D. dated August 17, 2021 protocol referred to internally as CS- 6 September 12, (“Report”): Report Page 2, 3775. (Tyrell Decl., ¶¶ 16-17.) The 2022 Paragraph 10; Report Page methodology behind the protocol 7 7, Paragraph 29; Report was specifically developed by 8 Page 10, Paragraph 35; Reckitt’s internal Research & Report Page 12, Paragraph Development team and constitutes 9 37; Report Page 14, highly sensitive information that is Paragraph 43; Report Page treated as a trade secret by Reckitt in 10 17, Paragraph 47; Report the ordinary course of business. (Id.) Page 18, Paragraphs 49, Public disclosure of this information 11 50, 51, and 52; Report could cause competitive harm to 12 Page 19, Paragraphs 52, Reckitt. (Id.) Portions also contain 53, and 54; Report Page information related to a confidential 13 20, Paragraphs 54 and 55; proceeding before the NAD. (Henry Report Page 21, Paragraph Decl., ¶¶ 3-4, 10-11.) Public 14 56 and Table 2; Report disclosure of this information could 15 Page 22, Paragraph 57. cause competitive harm to Reckitt. (Id.) 16 Highlighted portions of Rebuttal Report of Randy The Court has previously found that 17 Emil Meirowitz, Ph.D. this same material warrants sealing. October 15, 2021 See ECF No. 128. 18 (“Rebuttal”): Rebuttal 19 Page 3, Footnote 9; Rebuttal Page 4, 20 Paragraphs 10, 11, and 12; Rebuttal Page 5, 21 Paragraphs 12, 13, and 14.

23 24 25 26 27 ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. No. 2 3 Plaintiffs’ Table of Contents; The portions that Reckitt seeks Opposition 2:4-5, 2:10-11, 2:16 to seal contain confidential 4 3:3-4, 3:10, 3:15-16, 3:21- information regarding Reckitt’s 24, 3:27 financial information, wholesale 5 4:11 pricing strategies, competitive 6 5:3, 5:5, 5:7-13, 17-21, 27 analysis, timing of internal 10:21-23 processes, wholesale sales including 7 25:6-7, 25:10-11 specific Woolite Laundry Detergent unit sales information, and market 8 research. (Tyrell Decl., ¶¶ 2-4.) These portions further contain 9 information derived from Reckitt’s 10 trade secret claims substantiation protocol, referred to internally as CS- 11 3775. (Id.) Public disclosure of this information could cause competitive 12 harm to Reckitt (Id.) Portions also 13 contain information related to a confidential proceeding before the 14 NAD. (Bunker Decl., ¶¶ 8-9, 11-12.)

15 Ex. 1 Excerpts from Highlighted portions of: The portions that Reckitt seeks to transcript of Table of Contents seal contain confidential 16 deposition of 8:22-23 information regarding wholesale 17 Christopher 73:5-10, 17-25 pricing strategies and Reckitt’s Tedesco 74:1-4, 12-15, 18-25 employee compensation 18 75:1-2, 4-8 structure. (Tyrell Decl., ¶¶ 5-6.) 87:18, 24-25 Public disclosure of this information 19 88:4-6 could cause competitive harm to 89:6, 10 Reckitt. (Id.) The portions further 20 91:1, 8-12, 15 contain Mr. Tedesco’s private home 21 92:17, 20 address, the public disclosure of which would negatively impact his 22 privacy rights. (Bunker Decl. ¶¶ 13- 14.) The Court has previously found 23 “compelling reasons” to seal this information. (ECF No. 128.) 24

25 Ex. 2 Woolite Brand Highlighted portions of: The portions that Reckitt seeks to History, RB0000246 seal contain confidential information 26 RB0000244 RB0000247 regarding household penetration RB0000249 rates and reflects Reckitt’s target 27 consumer demographics developed Decl., ¶¶ 7-8.) Public disclosure of 1 this information could cause 2 competitive harm to Reckitt. (Id.) The Court has previously found 3 “compelling reasons” to seal this information. (ECF No. 128.) 4 Ex. 3 2018 Media Plan Highlighted portions of: The portions that Reckitt seeks to 5 Communications RB0000733 seal contain confidential information 6 Brief, RB000073 RB0000734 regarding household penetration RB0000735 rates, marketing campaign results, 7 budgeting, and competitive strategies. (Tyrell Decl., ¶¶ 9-10.) 8 Public disclosure of this information could cause competitive harm to 9 Reckitt (Id.) The Court has 10 previously found “compelling reasons” to seal this information. 11 (ECF No. 128.)

12 Ex. 4 Project Highlighted portions of: The portions that Reckitt seeks to Document, RB0013572 seal contain confidential information 13 RB0013572 regarding budgeting and target 14 consumer demographics developed through market research. (Tyrell 15 Decl., ¶¶ 11-12.) Public disclosure of this information could cause 16 competitive harm to Reckitt. (Id.) 17 The Court has previously found “compelling reasons” to seal this 18 information. (ECF No. 128.)

19 Ex. 6 Reckitt’s Sixth Highlighted portions of: The portions that Reckitt seeks to Supplemental Table at Page 6 seal contain confidential information 20 Response to Table at Page 7 regarding circulation dates for 21 Plaintiffs’ First Table at Page 8 certain Woolite product SKUs, the Set of Tables at Page 10 company’s financial tracking and 22 Interrogatories 11:1-2 accounting capabilities, specific 12:1-2, 17-26 wholesale sales figures, unit counts, 23 13:4-12 internal Finished Good Numbers and Page 14, footnote 1 component codes, and 24 16:16, manufacturing data. (Tyrell Decl., 25 Table at Page 16 ¶¶ 13-14.) Public disclosure of this Tables at Page 17 information could cause competitive 26 Table at Page 18 harm to Reckitt (Id.) The Court has Attachment A, Page 1 previously found “compelling 27 Attachment A, Page 2 reasons” to seal this information. Attachment A, Page 4 1 Attachment A, Page 5 2 Attachment A, Page 6 Attachment A, Page 7 3 Attachment A, Page 8 Attachment A, Page 9 4 Attachment A, Page 10 Attachment A, Page 11 5 Attachment A, Page 12 6 Attachment A, Page 13 Attachment A, Page 14 7 Attachment A, Page 15 Attachment A, Page 16 8 Attachment A, Page 17 Attachment A, Page 18 9 Attachment B 10 Ex. 10 Presentation titled Highlighted portions of: The portions that Reckitt seeks to 11 “Follow up from RB0002630 seal contain confidential information LR sign off RB0002631 regarding business strategy, product 12 meeting,” RB0002633 development efforts, claims RB0002630 RB0002634 substantiation work, marketing 13 RB0002635 objectives, sales data, consumer 14 RB0002636 target/market research, budgeting, RB0002637 and complete profit and loss 15 RB0002638 statements and financial analysis for RB0002639 Europe and the United States for 16 RB0002640 Reckitt’s entire household brands. 17 RB0002642 (Tyrell Decl., ¶¶ 15-16.) Public RB0002643 disclosure of this information could 18 RB0002645 cause competitive harm to Reckitt. RB0002646 (Id.) The Court has previously 19 RB0002647 found “compelling reasons” to seal RB0002648 this information. (ECF No. 128.) 20 RB0002649 21 RB0002652 RB0002653 22 RB0002654 RB0002655 23 RB0002656 RB0002657 24 RB0002658 25 RB0002659 RB0002662 26 RB0002663 RB0002664 27 RB0002665 RB0002668 1 RB0002669 2 RB0002670

3 Ex. 11 Presentation titled Highlighted portions of: The portions that Reckitt seeks to “2017 US Plan RB0001320 seal contain confidential information 4 Woolite,” March RB0001321 regarding household penetration 28, 2016, RB0001322 rates, marketing campaign results, 5 RB0001319 RB0001323 budgeting, pricing analyses, 6 RB0001325 profit statements, business RB0001329 objectives, and competitive 7 RB0001331 strategies. (Tyrell Decl., ¶¶ 17-18.) RB0001332 Public disclosure of this information 8 RB0001333 could cause competitive harm to RB0001334 Reckitt. (Id.) The Court has 9 RB0001335 previously found “compelling 10 RB0001336 reasons” to seal this information. RB0001337 (ECF No. 128.) 11 RB0001338 RB0001339 12 RB0001341

13 Ex. 12 Woolite RB Pre- In its entirety. Reckitt seeks to seal highly sensitive 14 Read November, financial information including RB0011710 Reckitt’s profit and loss statements 15 for the Woolite brand, cost of goods, pricing analysis, capital expenditures, 16 forward looking product innovation 17 and explanations of Reckitt’s detergent formulations and active 18 ingredients. (Tyrell Decl., ¶¶ 19-20.) Public disclosure of this information 19 could cause competitive harm to Reckitt. (Id.) The Court has 20 previously found “compelling 21 reasons” to seal this document in its entirety. (ECF No. 128.) 22 Ex. 13 Internal email Highlighted portions of: The portions that Reckitt seeks to communications, RB0002721 seal contain internal communications 23 RB0002721 RB0002722 regarding the development of RB0002723 marketing claims and competitor 24 RB0002724 analysis. (Tyrell Decl., ¶¶ 21-22.) 25 RB0002725 Public disclosure of this information RB0002726 could cause competitive harm to 26 RB0002727 Reckitt. (Id.)

27 Ex. 14 August 5, 2016 Highlighted portions of: The portions that Reckitt seeks to e-mail chain, RB0001401 information regarding market 1 RB0001401 performance, marketing spend, target 2 market, and business strategy. (Tyrell Decl., ¶¶ 23-24.) 3 Public disclosure of this information could cause competitive harm to 4 Reckitt. (Id.) The Court has previously found “compelling 5 reasons” to seal this information. 6 (ECF No. 128.)

7 Ex. 16 Presentation titled Highlighted portions of: The portions that Reckitt seeks to Woolite October RB0017973 seal contain confidential 8 RB0017973 RB0017974 information regarding Reckitt’s RB0017975 profit and loss statements for the 9 RB0017976 Woolite brand, competitive pricing 10 RB0017977 analysis, and retailer partnership RB0017978 strategies. (Tyrell Decl., ¶¶ 25-26.) 11 RB0017979 The portions further contain business RB0017980 strategy, market research, and 12 RB0017981 financial information regarding RB0017982 Reckitt’s “Athly” product, which is 13 RB0017983 not at issue in this litigation. (Id.) 14 RB0017984 Public disclosure of this information RB0017985 could cause competitive harm to 15 RB0017987 Reckitt. (Id.) The Court has RB0017988 previously found “compelling 16 RB0017989 reasons” to seal this information. 17 RB0017990 (ECF No. 128.) RB0017993 18 RB0017994 RB0017995 19 RB0017996 RB0017997 20 RB0017998 21 RB0017999 RB0018001 22 RB0018002 RB0018003 23 RB0018004 RB0018005 24 RB0018006 25 RB0018007 RB0018008 26 RB0018009 RB0018010 27 RB0018011 RB0018013 1 RB0018014 2 RB0018015 RB0018016 3 RB0018017 RB0018018 4 RB0018020 RB0018021 5 RB0018022 6 RB0018023 RB0018024 7 RB0018025 RB0018026 8 Ex. 17 Trial Expert Highlighted portions of: The portions that Reckitt seeks to 9 Report of Gregory Trial Expert Report seal contain confidential 10 A. Pinsonneault Table of Contents, 1:19-20 information regarding wholesale ¶¶ 29-35 financial information for the 11 ¶¶ 37-39 Woolite brand, market performance, Figure 1 strategic business decisions, retail 12 ¶¶ 40-46 partners and pricing – including Footnote 22 enormous amounts of financial 13 Figure 2 information and pricing analyses 14 ¶¶ 47-60 derived from several years of Footnote 34 Reckitt’s sensitive wholesale sales 15 ¶¶ 62-67 data. (Tyrell Decl., ¶¶ 27-28.) ¶¶ 69-71 Public disclosure of this information 16 Footnotes 69-70, 74 could cause competitive harm to 17 ¶¶ 72-73 Reckitt. (Id.) The Court has Figure 3 previously found “compelling 18 ¶ 75 reasons” to seal much of this same Figure 4 information in connection with Mr. 19 Figure 5 Pinsonneault’s class certification ¶¶ 76-80 expert report and rebuttal report 20 Footnotes 80-82 attached as Exhibits “D” and “E” to 21 Figures 6 and 7 Mr. Pinsonneault’s Trial Expert ¶¶ 81-87 Report. (ECF No. 128.) 22 Footnotes 90-92 ¶ 89 23 Figure 8 ¶¶ 90-92 24 Footnote 98 25 ¶¶ 94-99 Figure 9 26 ¶ 100 Footnote 106 27 Figure 10 Footnote 108 1 ¶¶ 112-116 2 ¶ 118 ¶ 120 3 Footnote 125 ¶ 129 4 ¶ 140 Footnotes 142, 149 5 ¶¶ 146-48 6 ¶ 152

7 Trial Expert Report Ex. B In its entirety 8 Highlighted portions of: 9 Trial Expert Report Ex. D 10 Table of Contents 1:17-18 ¶¶ 23-29 11 Footnotes 40-42 ¶ 32 12 Figure 1 ¶¶ 34-40 13 Footnote 23 14 Figure 2 Footnote 35 15 ¶¶ 41-54 ¶¶ 56-58 16 Footnotes 49-50 ¶ 60 17 Footnote 51 18 Figure 3 ¶ 61 19 ¶¶ 63-64 ¶ 66 20 Figure 4 21 ¶ 67 Footnote 56 22 Figure 5 ¶¶ 69-70 23 ¶¶ 72-73 Footnote 58 24 ¶ 75 25 Highlighted portions of: 26 Trial Expert Report Ex. D’s internal Ex. B 27 Pages 2-5 Pages 29-30 1 Page 33 2 Pages 35-100

3 Highlighted Portions of: Trial Expert Report Ex. E 4 Table of Contents, Lines 7- 8 5 ¶ 3 6 ¶¶ 7-12 Footnote 19 7 ¶¶ 13-14 ¶¶ 16-18 8 Footnotes 29 and 30 ¶¶ 19-20 9 Figures 1 and 3 10 ¶¶ 23-27 Figures 4 and 5 11 ¶¶ 28-32 Footnote 53 12 ¶¶ 34-37 ¶¶ 39-45 13 ¶ 47 14 Highlighted portions of: 15 Trial Expert Report Ex. E’s internal Ex. B 16 Pages 2-31 Pages 33-34 17 Pages 36-37 18 Pages 39-104

19 Ex. 18 Project Brief, Highlighted portions of: The portions that Reckitt seeks to RB0001867 RB0001867 seal contain confidential 20 RB0001868 information regarding sensitive 21 RB0001869 business strategy, financial RB0001870 information, and product 22 RB0001871 development targets and reflects RB0001872 Reckitt’s internal processes for new 23 product development. (Tyrell Decl., ¶¶ 29-30.) Public disclosure of this 24 information could cause competitive 25 harm to Reckitt. (Id.) The Court has previously found “compelling 26 reasons” to seal this information. (ECF No. 128.) 27 Ex. 19 Presentation titled Highlighted portions of: The portions that Reckitt seeks to Detergent 2017 RB0002702 information regarding pricing 1 Category Growth RB0002703 strategies and analyses. (Tyrell 2 Strategy,” RB0002704 Decl., ¶¶ 31-32.) Public disclosure RB0002700 RB0002707 of this information could cause 3 RB0002709 competitive harm to Reckitt. (Id.) RB0002711 The Court has previously found 4 RB0002712 “compelling reasons” to seal this RB0002713 information. (ECF No. 128.) 5

6 Ex. 20 October 13, 2016 Highlighted portions of: The portions that Reckitt seeks to internal Reckitt RB0017933 seal contain confidential 7 email chain, RB0017934 information regarding the emails for RB0017930 RB0017935 over seventy Reckitt employees. 8 RB0017936 (Tyrell Decl., ¶¶ 33-34.) Public RB0017937 disclosure of this information could 9 RB0017938 cause competitive harm to Reckitt. 10 RB0017939 (Id.) Portions of RB00017933-39 also include references to 11 confidential project names and summaries of Reckitt’s business 12 planning for Woolite and other products. (Id.) The Court has 13 previously found “compelling 14 reasons” to seal this information. (ECF No. 128.) 15 Ex. 21 Presentation titled Highlighted portions of: The portions that Reckitt seeks to 16 “Woolite 2017 RB0005910 seal contain confidential 17 Priorities and RB0005911 information regarding household Supporting RB0005912 penetration rates, budgeting and 18 Materials,” RB0005913 investment, Woolite Laundry RB0005909 RB0005916 Detergent product formulation 19 RB0005919 ingredients, and Reckitt’s target RB0005920 consumer demographics developed 20 RB0005922 through market research and other 21 RB0005924 market research conclusions. (Tyrell RB0005925 Decl., ¶¶ 35-36.) Public disclosure 22 RB0005926 of this information could cause RB0005927 competitive harm to Reckitt. (Id.) 23 RB0005928 The Court has previously found “compelling reasons” to seal this 24 information. (ECF No. 128.) 25 Ex. 22 December 13, Highlighted portions of: The portions that Reckitt seeks to 26 2016 internal RB0013129 seal contain confidential internal Reckitt email communications regarding pricing 27 chain, changes. (Tyrell Decl., ¶¶ 37-38.) could cause competitive harm to 1 Reckitt. (Id.) The Court has 2 previously found “compelling reasons” to seal this information. 3 (ECF No. 128.) Ex. 23 Presentation titled Highlighted portions of: The portions that Reckitt seeks to 4 “Resolve Carpet RB0013135 seal contain confidential financial 2017 Category RB0013136 information regarding household 5 Growth Strategy,” RB0013137 penetration rates, budgeting and 6 RB0013134 RB0013138 investment, and Woolite Laundry RB0013139 Detergent product formulation 7 RB0013140 ingredients. (Tyrell Decl., ¶¶ 39-40.) RB0013141 The portions also reflect Reckitt’s 8 RB0013142 target consumer demographics RB0013143 developed through market research 9 RB0013144 and other market research 10 RB0013145 conclusions. (Id.) Further, RB0013146 RB0013135, RB0013136, 11 RB0013147 RB0013137, RB0013138, RB0013148 RB0013139, RB0013140, 12 RB0013149 RB0013141, RB0013142, RB0013151 RB0013143, RB0013144, 13 RB0013152 RB0013145, RB0013146, 14 RB0013153 RB0013147, RB0013148, RB0013154 RB0013149, RB0013164, 15 RB0013157 RB0013165, RB0013166, RB0013159 RB0013167, RB0013168, 16 RB0013161 RB0013169, RB0013170, 17 RB0013162 RB0013171, RB0013172, RB0013163 RB0013173, RB0013174, 18 RB0013164 RB0013175, and RB0013176 include RB0013165 over twenty-five pages of business 19 RB0013166 strategy, market research, and RB0013167 financial information regarding 20 RB0013168 Reckitt’s Resolve product, VMS, and 21 RB0013169 Multi-Surface and Personal Care RB0013170 products. (Id.) Public disclosure of 22 RB0013171 this information could cause RB0013172 competitive harm to Reckitt. (Id.) 23 RB0013173 The Court has previously found RB0013174 “compelling reasons” to seal this 24 RB0013175 information. (ECF No. 128.) 25 RB0013176 Ex. 24 Pricing In its entirety. Defendant seeks to seal a copy of 26 Information, Reckitt’s confidential and highly RB0002943 sensitive pricing analyses conducted 27 (Produced in internally by Reckitt. (Tyrell Decl. Native Excel information could cause competitive 1 Format) harm to Reckitt. (Id.) The Court has 2 previously found “compelling reasons” to seal this document in its 3 entirety. (ECF No. 128.)

4 Ex. 25 Trial Expert Highlighted Portions of: The portions that Reckitt seeks to Report of Randy Expert Report seal contain confidential discussions 5 Emil Meirowitz, ¶ 10 of Reckitt’s trade secret claims 6 Ph.D. ¶ 29 substantiation protocol referred to ¶ 35 internally as CS-3775. (Tyrell Decl., 7 ¶ 37 ¶¶ 43-44.) The methodology behind ¶ 43 the protocol was specifically 8 ¶ 47 developed by Reckitt’s internal ¶ 49 Research & Development team and 9 ¶¶ 51-57 constitutes highly sensitive 10 Footnote 26 information that is treated as a trade Table 2 secret by Reckitt in the ordinary 11 ¶ 61 course of business. (Id.) Public disclosure of this information could 12 Rebuttal Report cause competitive harm to Reckitt. ¶ 7 (Id.) Portions of the document also 13 Footnote 9 contains information derived from 14 ¶¶ 11-14 confidential submissions to the NAD. (Bunker Decl. ¶¶ 11-12.) 15 The Court has previously found 16 “compelling reasons” to seal this 17 information in connection with Dr. Meirowitz’s class certification expert 18 report and rebuttal report which are copied and pasted into his trial 19 report. (ECF No. 128.)

20 Ex. 26 Reckitt ’s Highlighted portions of: The portions that Reckitt seeks to 21 Supplemental Table at Page 6 seal contain confidential Response to Table at Page 7 information regarding Reckitt’s 22 Plaintiffs’ First Table at Page 8 product supply chain, financial Set of 10:17-18 information, and trade secret 23 Interrogatories 11:5-6, 9-14, 20-28 testing protocols. (Tyrell Decl., ¶¶ 13:13-28 45-47.) The portions further contain 24 14:1-11 information regarding Reckitt’s 25 highly confidential testing protocol (CS-3775). (Id.) Public disclosure 26 of this information could cause competitive harm to Reckitt. (Id.) 27 The Court has previously found “compelling reasons” to seal this 1 information. (ECF No. 128.) 2 Ex. 27 CS-3775, In its entirety. Defendant seeks to seal a copy of 3 RB0000073 Reckitt’s confidential trade secret claims substantiation testing protocol 4 (CS-3775). (Tyrell Decl. ¶¶ 48-49.) The methodology behind the 5 protocol was specifically developed 6 by Reckitt’s internal Research & Development team and constitutes 7 highly sensitive information that is treated as a trade secret by Reckitt in 8 the ordinary course of business. (Id.) The public disclosure of this 9 information could cause competitive 10 harm to Reckitt’s. (Id.) The Court has previously found “compelling 11 reasons” to seal this document in its entirety. (ECF No. 128.) 12 Ex. 28 March 15, 2019 In its entirety. Defendant seeks to seal a submission 13 letter from by Procter & Gamble regarding 14 Proctor & Gamble Reckitt’s advertising as part of a to the National confidential NAD proceeding. 15 Advertising (Bunker Decl., ¶¶ 7-10.) This Division confidentiality requirement is 16 important to facilitate NAD’s dispute 17 resolution process, and Reckitt would be harmed if the materials it 18 submitted in the NAD proceedings were publicly disclosed despite the 19 parties and NAD’s expectations and requirements that this information 20 remain confidential. (Id.) The 21 Court has previously found “compelling reasons” to seal this 22 document in its entirety. (ECF No. 128.) 23

24 25 26 27 ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. No. 2 Reckitt’s Reply Highlighted portions of: The portions that Reckitt seeks Footnote 2 to seal contain confidential 3 Page 12, Line 9 information regarding wholesale 4 Page 15, Lines 10, 12, 15- pricing strategies and confidential 16 project names used in Reckitt’s 5 product development processes. (Tyrell Decl. ¶ 2.) Public disclosure 6 of this information could cause competitive harm to Reckitt. (Id.) 7 Portions also contain information 8 related to a confidential proceeding 9 before the NAD. (Bunker Decl., ¶¶ 2-5.) Public disclosure of this 10 information could cause competitive harm to Reckitt. (Id.) 11

12 Ex. 1 Excerpts from the Highlighted portions of: The portions that Reckitt seeks deposition of 18:14, 16, and 22 to seal contain confidential 13 Daniel Redmon information regarding Reckitt’s confidential project names and 14 processes for product development. (Tyrell Decl. ¶¶ 3-4.) Public 15 disclosure of this information could 16 cause competitive harm to Reckitt. (Id.) 17 Ex. 2 Excerpts from the Highlighted portions of: The portions that Reckitt seeks 18 deposition of 8:22-23 to seal contain confidential Christopher 61:7, 9, 11-18, and 20 information regarding Reckitt’s 19 Tedesco confidential project names and 20 processes for product development. (Tyrell Decl. ¶¶ 3-4.) Public 21 disclosure of this information could cause competitive harm to Reckitt. 22 (Id.)

23 The portions further contain Mr. 24 Tedesco’s private home address, the public disclosure of which would 25 negatively impact his privacy rights. (Bunker Decl. ¶ 6.) The Court has 26 previously found “compelling 27 reasons” to seal this information. See ECF No. 128. ECF Document Portion(s) to Seal Reason(s) for Sealing 1 / Ex. 2 No. Ex. 4 Excerpts from the Highlighted portions of: The portions that Reckitt seeks to 3 deposition of 50:3, 11-12, 16 seal contain information related to a Randy Meirowitz confidential proceeding before the 4 NAD. (Bunker Decl., ¶¶ 2-5.) Public disclosure of this information 5 could cause competitive harm to 6 Reckitt. (Id.)

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