Viamedia, Inc. v. Comcast Corporation et al

Northern District of Illinois, ilnd-1:2016-cv-05486

MOTION by Defendants Comcast Corporation, Comcast Spotlight, Inc. to seal Opposition to Motion to Compel

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Case: 1:16-cv-05486 Document #: 93 Filed: 04/24/17 Page 1 of 3 PageID #:1454 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION)) VIAMEDIA, INC.,) Plaintiff,) No. 16 C 5486) v.) Honorable Amy J. St. Eve) COMCAST CORPORATION and) COMCAST SPOTLIGHT, LP,)) Defendants.)) COMCAST’S MOTION TO FILE OPPOSITION TO MOTION TO COMPEL UNDER SEAL Pursuant to Federal Rule of Civil Procedure 26(c) and Local Rule 26.2, Defendants Comcast Corporation and Comcast Cable Communications Management, LLC (successor to Comcast Spotlight, LP and together with Comcast Corporation, "Comcast") move to file their brief in opposition ("Opposition") to Plaintiff Viamedia, Inc.’s ("Viamedia") motion to compel ("Motion to Compel"), and certain exhibits submitted with the Opposition, under seal. In support thereof, Comcast states as follows: 1. On April 20, 2017, Viamedia filed the Motion to Compel. ECF Nos. 88, 90. The same day, Viamedia moved to file the Motion to Compel, and certain exhibits attached to that Motion, under seal. ECF No. 85. Viamedia moved to seal on the ground that certain information referenced in or attached to the Motion to Compel has been designated "Highly Confidential" under this Court’s Agreed Confidentiality Order. ECF No. 85 ¶¶ 1, 5. This Court granted the motion to seal the next day. ECF No. 92. 1 Case: 1:16-cv-05486 Document #: 93 Filed: 04/24/17 Page 2 of 3 PageID #:1455 2. Today, April 24, 2017, Comcast filed its brief in opposition to the Motion to Compel ("Opposition"). Like the Motion to Compel, the Opposition references and attaches certain documents the parties have designated Confidential or Highly Confidential under the Court’s Agreed Confidentiality Order. See Opp. at 11-12, Exhs. H-R. Accordingly, and pursuant to Local Rule 26.2(c), Comcast has (1) provisionally filed under seal the Opposition and the exhibits to the Opposition that it seeks to maintain under seal; and (2) filed a redacted version of the Opposition in the public record that excludes the information and documents that Comcast seeks, by this motion, to maintain under seal. 3. The Seventh Circuit has recognized a Court may shield certain filings from public inspection if "there is good cause for sealing a part or the whole of the record." Citizens First Nat. Bank of Princeton v. Cincinnati Ins. Co., 178 F.3d 943, 945 (7th Cir. 1999); see also Local Rule 26.2(b) (applying "good cause" standard). Under that test, the Court may seal certain filings if there are "legitimate concerns of confidentiality," Grove Fresh Dist., Inc. v. Everfresh Juice Co., 24 F.3d 893, 898 (7th Cir. 1994), such as where the information in question "meet[s] the definition of trade secrets or other categories of bona fide long-term confidentiality." Baxter Intern., Inc. v. Abbott Laboratories, 297 F.3d 544, 545 (7th Cir. 2002). 4. Here, the documents and information Comcast seeks to file under seal have been designated Confidential or Highly Confidential under the Court’s Agreed Confidentiality Order. ECF No. 44 ¶ 3(c). As this Court recognized in granting Viamedia’s motion to seal, such a designation gives good cause to file such documents or information under seal. WHEREFORE, Comcast respectfully requests the Court enter an order granting Comcast leave to file the Opposition, and certain exhibits to that Opposition, under seal. 2 Case: 1:16-cv-05486 Document #: 93 Filed: 04/24/17 Page 3 of 3 PageID #:1456 Dated: April 24, 2017 Respectfully submitted, COMCAST CORPORATION AND COMCAST CABLE COMMUNICATIONS MANAGEMENT, LLC/s/Ross Bricker Ross B. Bricker Sally K. Sears Coder JENNER & BLOCK LLP 353 N. Clark Street Chicago, IL 60654-3456 Tel: (312) 222-9350 Fax: (312) 527-0484 rbricker@jenner.com ssearscoder@jenner.com Arthur J. Burke (pro hac vice) David B. Toscano (pro hac vice) DAVIS POLK & WARDWELL LLP 450 Lexington Avenue New York, New York 10017 Tel: (212) 450-4000 Fax: (212) 701-5800 Arthur.Burke@davispolk.com David.Toscano@davispolk.com Attorneys for Defendants Comcast Corporation and Comcast Cable Communications Management, LLC 3