Free Motion for Leave to File - District Court of Connecticut - Connecticut

Case 3:01-cv-02402-AWT

Document 68-2

Filed 08/03/2006

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT PETER D. MAINS and LORI M. MAINS Plaintiffs, vs. SEA RAY BOATS, INC. Defendant. : CASE NO. 301 CV 2402 (AWT) : : : : : : : : AUGUST 1, 2006

MEMORANDUM IN SUPPORT OF MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL This is a Memorandum in Support of the Plaintiffs' Motion for Leave to File Document Under Seal Pursuant to Local Rule 5(d) pertaining to the Plaintiffs' Motion for Order Compelling Disclosure or Discovery Pursuant to F.R.C.P. Rules 37 and 26(e). The document sought to be filed under seal pertains to Schedule A of Exhibit C to said Motion for Order Compelling Disclosure or Discovery which Schedule the Defendants submitted to the Plaintiffs as an attachment to the Defendants Supplemental Response to Interrogatories identifying same as "Confidential Material" in accordance with the parties prior execution of a "Stipulation Regarding Confidentiality" as part of a dispute and/or objection regarding the Defendants responses to Plaintiffs' discovery requests. Schedule A to Exhibit C is a list of consumers who have made complaints to Sea Ray concerning certain specified models of Sea Ray boats. Thus, the Defendant contends that Exhibit C constitutes a list of customers who have purchased particular models of

Case 3:01-cv-02402-AWT

Document 68-2

Filed 08/03/2006

Page 2 of 3

Sea Ray boats. Defendant Sea Ray regards this information as confidential, and that this information affords Sea Ray an actual or potential economic advantage over other boat manufacturers that may wish to target consumers interested in boats having particular dimensions or characteristics. Therefore Sea Ray contends that this constitutes a trade secret. See Restatement (3d) Unfair Competition § 39 ("A trade secret is any information that can be used in the operation of a business or other enterprise and that is sufficiently valuable and secret to afford an actual or potential economic advantage over others."); id. § 42 cmt. f ("The general rules that govern trade secrets are applicable to the protection of information relating to the identity and requirements of customers. Customer identities and related customer information can be a company's most valuable asset and may represent a considerable investment of resources. . . ."); Hudson Hotels Corp. v. Choice Hotels Int'l, 995 F.2d 1173, 1176-77 (2d Cir. 1993) ("Compilations of information, traditionally viewed and protected under trade secret law, are items like customer and supplier lists and pricing and cost information.") Other federal Courts have permitted or required that lists of customers be filed under seal. See, e.g., SizeWise Rentals, Inc. v. Mediq/PRN Life Support Servs., 87 F. Supp. 2d 1194, 1201 (D. Kan. 2000) ("Exhibit A shall remain under seal in order to keep the parties' customer list confidential."); Bijan Designer for Men v. Katzman, No. 96 Civ. 7345, 1997 U.S. Dist. LEXIS 1190 *4 (S.D.N.Y. Feb. 7, 1997)(noting that, while the Court's Opinion would be unsealed, "plaintiff's customer lists -- which form the gravamen of plaintiff's trade secret argument -- remain under seal"); Staff Builders of Philadelphia, Inc. v. Koschitzki, No. No. 88-6103, 1989 U.S. Dist. LEXIS 9566 (E.D. Pa. Aug. 10, 1989)(customer lists "shall be filed under court seal and impounded").

Case 3:01-cv-02402-AWT

Document 68-2

Filed 08/03/2006

Page 3 of 3

For the forgoing reasons and those set forth in the accompanying Affidavit in Support of Motion to File Document Under Seal, it is respectfully urged that the Court grant said Motion.

THE PLAINTIFFS PETER D. MAINS and LORI M. MAINS

/s/ John L. Senning ct05807 The Essex Law Group 18 Saybrook Road, Essex, CT 06426 Phone: (860) 767-2618 Fax: (860)767-2740 Email: [email protected] Their Attorney