Zesty Paws LLC v. Nutramax Laboratories, Inc.

Opinion

Direct Dial: 1.212.906.1821 steve.feldman@lw.com

Application GRANTED. The referenced letter may be filed in redacted form for substantially the reasons stated in this letter. The full unredacted August 9, 2024 version of the referenced letter has already been filed under seal at Dkt. No. 203. VIA CM/ECF The Clerk of Court is respectfully directed to close The Honorable Lorna G. Schofield the motion at Dkt. No. 201. United States District Court Southern District of New York Dated: August 12, 2024 □ 500 Pearl Street New York, New York New York, New York 10007 LorNa G. SCHOFIEL! UNITED STATES DISTRICT JUDG! Re: Zesty Paws LLC v. Nutramax Laboratories, Inc., et al., No. 1:23-cv-10849-LGS; Request to Seal/Redact Portions of Zesty Paws’ Opposition to Nutramax’s Request for Pre-Motion Conference Regarding Motion for Anti-Suit Injunction Dear Judge Schofield: Pursuant to Rule I.D.3. of this Court’s Individual Rules and Procedures for Civil Cases (the “Rules”), Plaintiff/Counterclaim Defendant Zesty Paws LLC (‘Zesty Paws”) respectfully requests that the Court allow to be filed and maintained under seal all references made in Zesty Paws’ letter opposing Nutramax Laboratories, Inc.’s (“Nutramax”) Request for Pre-Motion Conference Regarding Motion for Anti-Suit Injunction (the “Opposition Letter”) to the terms of the parties’ confidential settlement agreement executed in Nutramax Laboratories, Inc. et al. v. Zesty Paws LLC et al., No. 6:22-cv-00626-CEM-LHP (M.D. Fla.) (the “Confidential Settlement Agreement”). In accordance with the Rules, Zesty Paws is concurrently submitting a version of the Opposition Letter in which the proposed redactions are highlighted, with access limited to the Court, Parties, and counsel of record identified in the Appendix attached hereto. “[T]he decision as to access [to judicial records] is one best left to the sound discretion of the trial court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case.” Nixon v. Warner Comm., Inc., 435 U.S. 589, 599 (1978). While there is a common law presumption in favor of public access to judicial documents, that presumption “is not absolute.” See id. at 598. “The court must balance competing considerations” against the presumption of access. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006). Courts in this district routinely recognize the importance of protecting the confidentiality of settlement agreement, granting requests for the agreements and their terms to be filed and maintained under seal. See, e.g., Comoosl Corp. et al. v. C-Callon. Inc. et al., 11-cv-1922 (S.D.N.Y. May 19, 2011), ECF 33 (granting motion to file settlement agreement under seal); Comoosl Corp. et al. v. C-Callon. Inc. et al, 11-cv-1922 (S.D.N.Y. July 25, 2011), ECF 66 (granting motion to file settlement agreement under seal); Seoul Viosys Co., Ltd. v. P3 Int'l Co., 16-cv-6272 (S.D.N.Y. Sept. 30, 2018), ECF 164 at 26-27 (granting motion to redact information from summary judgment materials regarding a prior confidential settlement agreement).

Page 2

Indeed, the Court has previously ordered that the Confidential Settlement Agreement itself may be properly maintained under seal. See Dkt. 149 (request to “seal the prior settlement agreement appended to the Edlin Declaration at Dkt. 31 is GRANTED”) (emphasis in original); ECF No. 185; ECF No. 196. The Opposition Letter quotes from and analyzes certain terms of the Confidential Settlhement Agreement. Accordingly, it includes sensitive, non-public information that Zesty Paws and Nutramax have a shared interest in keeping confidential. Zesty Paws has narrowly tailored its proposed redactions to the Opposition Letter to encompass only references disclosing the non-public terms of the Confidential Settlement Agreement. For the foregoing reasons, Zesty Paws respectfully requests that the Court grant this sealing request and allow Zesty Paws to redact the references to the terms of the Confidential Settlement Agreement from the Opposition Letter. Respectfully submitted, /s/ Steven N. Feldman Steven N. Feldman of LATHAM & WATKINS LLP

cc: All Counsel of Record (via ECF)

Page 3

Parties: Zesty Paws LLC Nutramax Laboratories, Inc. Nutramax Laboratories Veterinary Sciences, Inc. Health and Happiness U.S. International Incorporated Attorneys: Steven N. Feldman Matthew W. Walch Michael Bern Jason D. Rosenberg Uly S. Gunn Alan F, Pryor Mary Grace Gallagher Natalie C. Clayton Elizabeth A. Buckel