Zesty Paws LLC v. Nutramax Laboratories, Inc.

Opinion

Direct Dial: 1.212.906.1821 steve felaman@lw.com Application DENIED without prejudice to renew. A three-part inquiry determines whether to seal a document. See Olson v. Major League Baseball, 29 F.4th 59, 87-88 (2d Cir. 2022); Lugo v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 200 Confidential designations are not dispositive of whether the public’s right of access to judicial documents overcomes July 8, 2025 competing considerations. By July 18, 2025, Nutramax shall fil letter stating whether it seeks to have the material that is the : VIA CM/ECF of the motion sealed or redacted and stating the legal basis for request; or whether it has no objection to the public filing of st The Honorable Lorna G. Schofield material. The Clerk of Court is respectfully directed to maintai United States District Court Dkt. 299 under seal. Southern District of New York □ 500 Pearl Street Dated: July 11, 2025 fe A ne New York, New York 10007 New York. New York Lorna G. SCHOFIEL ’ UNITED STATES DISTRICT JUDGE Re: Health and Happiness (H&H) US LLC v. Nutramax Laboratories, Inc., et. al. (Case No.: 1:23-cv-10849-LGS): Letter Motion to Seal/Redact Portions of Opposition to Nutramax’s Pre-Motion Letter Regarding Summary Judgment and Related Exhibits (Dkt. 294) Dear Judge Schofield: Pursuant to Rule I.D.3 of this Court’s Individual Rules and Procedures for Civil Cases (the “Procedures”), Section 6 of the Southern District of New York’s Electronic Case Filing Rules & Instructions (the “Rules”), and Section VI of the Joint Protective Order (Dkt. 80; the “PO”), Health and Happiness (H&H) US LLC (“Zesty Paws’) respectfully requests that the Court allow to be filed and maintained under seal those portions of Zesty Paws’ Opposition to Nutramax’s Pre-Motion Letter Regarding Summary Judgment (the “Opposition”) that quote, summarize, or disclose information from documents or testimony produced by Nutramax that Nutramax had previously designated under the PO as either Highly Confidential Information — Outside Attorneys’ Eyes Only or Highly Confidential Information — Attorneys’ Eyes Only. Similarly, Zesty Paws respectfully requests that the Court allow to be filed and maintained under seal the exhibits filed in support of the Opposition, all of which Nutramax has previously designated as Highly Confidential Information — Outside Attorneys’ Eyes Only. In accordance with the Procedures, Rules, and PO, Zesty Paws is submitting an unredacted version of the Opposition with the proposed redactions highlighted, with access limited to the Court, Parties, and counsel identified in Appendix A. Respectfully submitted, /s/ Steven N. Feldman Steven N. Feldman of LATHAM & WATKINS LLP

cc: All Counsel of Record (via ECF)

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APPENDIX A

Parties: Health and Happiness (H&H) US 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