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Schwendimann v. Arkwright Advanced Coating, Inc.

United States District Court, D. Minnesota

May 16, 2018

JODI A. SCHWENDIMANN, f/k/a JODI A. DALVEY Plaintiff,
v.
ARKWRIGHT ADVANCED COATING, INC. Defendant. ARKWRIGHT ADVANCED COATING, INC. Counterclaim Plaintiff,
v.
JODI A. SCHWENDIMANN, f/k/a JODI DALVEY and COOLER CONCEPTS, INC. Counterclaim Defendants.

          David A. Davenport, Devan V. Padmanabhan, and Michelle E. Dawson, WINTHROP & WEINSTINE, PA, for Jodi A. Schwendimann and Cooler Concepts, Inc.

          Katherine J. Rahlin, Kurt J. Niederluecke, and Laura L. Myers, FREDRIKSON & BYRON, PA, for Arkwright Advanced Coating, Inc.

          SEALED ORDER

          JOHN R. TUNHEIM CHIEF JUDGE

         Plaintiff Jodi Schwendimann and Defendant Arkwright Advanced Coating, Inc. (“AACI”), have moved for protective orders with respect to certain documents filed with the court and for redaction of portions of the trial transcript. The Court will grant the parties' motions.

         The parties have jointly filed two motions pursuant to Local Rule 5.6(d) for continued sealing of certain documents. (First Joint Mot. Regarding Continued Sealing, Dec. 27, 2017, Docket No. 869; Second Joint Mot. Regarding Continued Sealing, Jan. 11, 2018, Docket No. 874.) The parties request that Court seal the following documents:

Docket Nos. 696, 701, 723, 728, 747, 784, 792, 795, 796, 804, 806, 807, 809, 810, 811, 813, 814, 815, 816, 818, 819, 820, 823, 825, 827, 841, 844, 846, 849, 850, 857, and 858.

(Id.) These documents contain information about either (1) product development and formulation or (2) company financials. The parties made an effort at trial to keep this evidence confidential by using redacted exhibits as demonstratives when possible and sequestering Schwendimann and AACI's corporate representative during testimony about these topics. (Trial Tr. Vol. II at 79:10-80:12, Nov. 27, 2017, Docket No. 761.) Having reviewed the motion and the documents filed under seal, as well as all of the files, records, and proceedings herein, the Court concludes that these documents contain confidential information and will grant both motions. The Clerk is ordered to seal these documents.

         Schwendimann independently moves to seal the following documents:

Docket Nos. 751-7, 773, 808-5, and 808-6.

(Schwendimann's Mot. to Seal, Dec. 22, 2017, Docket No. 864.) These documents also contain information about Schwendimann's financials. Accordingly, the Court concludes that these documents contain confidential information and will grant Schwendimann's motion. The Clerk is ordered to seal these documents.

         Both parties have filed motions for protective orders, seeking redaction of certain portions of the trial transcript. (AACI's Mot. for Protective Order, Dec. 18, 2017, Docket No. 829; Schwendimann's Second Am. Mot. for Protective Order, Dec. 28, 2017, Docket No. 872.) The parties have stipulated that these motions are unopposed. (Stipulation, Dec. 28, 2017, Docket No. 871.) The Court will grant both parties' motions in their entirety because the cited portions of the trial transcript contain confidential information about either (1) product development and formulation or (2) company financials. The Clerk is ordered to seal the complete trial transcripts. The parties will contact the Court Reporter to make arrangements for redaction of the trial transcript and will provide the Court Reporter page and line No. for the redactions that the Court has granted.

         ORDER

         Based on the foregoing, and all the files, records, and proceedings ...


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