MINIMETALS, INC. V. DRAGON BOOM, LTD., No. 2:2013cv03834 - Document 161 (D.N.J. 2015)

Court Description: ORDER OR OPINION granting 155 Motion to Seal Document. Signed by Magistrate Judge Cathy L. Waldor on 10/16/15. (cm )
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MINIMETALS, INC. V. DRAGON BOOM, LTD. Doc. 161 Kevin G. Walsh GIBBONS P.C. One Gateway Center Newark, New Jersey 07102-53 10 (973) 596-4500 kwalsh(iihhonslawcom Lawrence H. Cooke 11 (pro hoc vice) Thomas J. Welling, Jr. (pro hac vice) VENABLE LLP Rockefeller Center 1270 Avenue of the Americas, 24th Floor New York, New York 10020 (212) 307-5500 William H. Devaney pro hac vice) BAKER & McKENZIE LLP 452 Fifth Avenue New York, New York 10018 (212) 626-4337 Attorneys for Defendants B&H American. Inc., Gary International Holdings, Lid., Hangzhou Baohang Industrial Investment Group, Ltd., Mm Dang and Xiyou Xu UNiTED STATES DISTRICT COURT DISTRICT OF NEW JERSEY MINMETALS, It’C., Plaintiff, Case No.: 13-cv-3834 (KSH)(CLW) vs. Document Filed Electronically DRAGON BOOM, LTD., a British Virgin Islands limited company: B&H AMERICAN, INC.. a New Jersey Corporation; UNITED RESOURCES USA, INC., a New ORDER OR OPINION TO SEAL Jersey Corporation; GARY INTERNATIONAL HOLDINGS, LTD., a Hong Kong limited company; HANGZHOU BAOHANG INDUSTRIAL INVESTMENT GROUP, LTD., a People’s Republic of China limited company; DANG MIN (a.k.a. MIN DANG), an individual; LI ZHENG. an individual; XIYOU XU (a.k.a. GRACE XU), an individual; ABC CORPORATIONS 1-10, and JOHN DOES 1-10, Defendants. Dockets.Justia.com THIS MAflER having been opened to the Court by way of Defendants B&H American, Inc. (“B&H”), Gaty International Holdings, Inc. (“Gary”), Hangzhou Baohang Industrial Investment Group, Ltd. (“Hangzhou”), Mm Dang (“Dang”) and Xiyou Xu (“Xu”) (collectively, the “Baohang Defendants”) Motion, pursuant to Local Civil Rule 5.3, to seal the following documents: • The Baohang Defendants’ Memorandum of Law in Opposition to Plaintiffs Motion for Sanctions; • The Declaration of Miii Dang in support of the Baohang Defendants’ Opposition to Plaintiff’s Motion for Sanctions; • The Certification of James Schmitz, Esq. in support of the Baohang Defendants’ Opposition to Plaintiffs Motion for Sanctions; • The Declaration of William H. Devaney, Esq. in support of the Baohang Defendants’ Opposition to Plaintiffs Motion for Sanctions; and • Exhibits ito 17 to the Declaration of William It Devaney, Esq. in support of the Baohang Defendants’ Opposition to Plaintiff’s Motion for Sanctions. Having considered the papers submitted on behalf of the parties and good ccv k%. tc’r cause having been shown, the Court finds that the instant Motion to Seal is submitted in accordance with the terms of the Discovery Confidentiality Order entered by this Court on August 4, 2014. [ECF No. 83]. The Court further finds -2- that the documents the Baohang Defendants seek to seal contain sensitive information produced by the Plaintiff and Defendants that have been designated confidential under the Discovery Confidentiality Order. Specifically, the information the Baohang Defendants seek to seal contains commercially sensitive information about the parties’ trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential business information and private or confidential personal information. The Court also finds that the legitimate confidential interests of the parties outweigh any public interest in the materials at issue and that a clearly defined and serious injury would result if the motion to seal were denied. Finally, the Court finds that the contents of the Memorandum of Law and accompanying declarations and exhibits are such that a less restrictive alternative to the relief sought is not available. Accordingly, IT ISonthis’day of ,2015: ORDERED that the documents listed above, which contain commercially sensitive information about Plaintiffs and Defendants’ business, having been designated by the parties as confidential in accordance with the Discovery Confidentiality Order entered by this Court on August 4, 2014, are to be filed under seal. Hon. -3- L. Wraldor U.S.M.J.