Nielsen Consumer LLC v. Circana Group, L.P.

[ uspc spy UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DOC #: NIELSEN CONSUMER LLC, DATE FILED: 2/28/2025 Plaintiff, ORDER ON MOTION TO SEAL -against- 22-CV-3235 (JPO)(KHP) CIRCANA GROUP, L.P., Defendant.

KATHARINE H. PARKER, UNITED STATES MAGISTRATE JUDGE On February 27, 2025, Plaintiff filed a Letter Motion requesting to file in redacted form its Memorandum of Law in Opposition to Defendant’s Motion to Dismiss (“Opposition”). (ECF No. 464) Plaintiff also requested to file under seal Exhibit A to the Opposition. (/d.) Plaintiff notes that the redactions to the Opposition are for “details concerning the terms of the parties’ Agreement and commercially sensitive information pertaining to the parties’ business dealings, which have been kept under seal (at the request of both parties) throughout this litigation.”

Plaintiff further notes that Exhibit A “has been designated by Circana through endorsement for attorney’s eyes only-treatment pursuant to the parties’ Protective Order.”

On that same date, Defendant also filed its proposed redactions. (ECF Nos. 465-66) The Court has reviewed Plaintiff's filings and finds that the redactions are narrowly tailored to protect commercially sensitive business information and other confidential information and are consistent with the Lugosch standard. See Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120 (2d Cir. 2006) (finding that courts may grant motions to seal where the parties make “specific, on the record findings . .. demonstrating that closure is essential to preserve higher values and [sealing] is narrowly tailored to serve that interest.”).

Therefore, Plaintiff’s Letter Motion to Seal is GRANTED.

The Clerk of Court is respectfully directed to terminate the motion at ECF No. 464.

Further, the Clerk of Court is also respectfully directed to keep the documents at ECF Nos. 465 and 466 under seal.

SO ORDERED.

Dated: February 28, 2025 □□ New York, New York : thane Ho ferber KATHARINE H. PARKER United States Magistrate Judge