Purina Motion 10/10/14

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IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

NESTL PURINA PETCARE COMPANY,

Plaintiff,

)

)))

v. ) Case No. 4:14 CV 859 RWS)

THE BLUE BUFFALO COMPANY LTD.,

Defendant.

)))

PLAINTIFF NESTL PURINA PETCARE COMPANYS MOTION FOR LEAVE TO

FILE MOTION TO COMPEL AND EXHIBITS A, B AND E THERETO UNDER SEALAND MEMORANDUM IN SUPPORT THEREOF

Plaintiff Nestl Purina PetCare Company (Purina) hereby moves, pursuant to Local

Rule 83-13.05(A)(1) and the Stipulated Protective Order entered in this matter (Dkt. 38) (the

Protective Order), for leave to file under seal its Motion to Compel Blue Buffalos Production

of Documents (the Motion to Compel) and Exhibits A, B and E thereto. The Motion to

Compel discusses and quotes documents produced and marked Confidential or Confidential

Attorneys Eyes Only by a third party pursuant to a subpoena, and Exhibits A, B and E are

copies of such documents received from that third party. Purina disagrees with these

confidentiality designations and is seeking to re-designate the documents in accordance with the

terms of the Protective Order in consultation with the producing party. In the interim, however,

Purina seeks to file the Motion to Compel and Exhibits A, B and E under seal due to the current

confidentiality designations and in order to respect the confidentiality rights of the third party.

In support of this Motion, Purina states as follows:

1. Under Local Rule 83-13.05(A)(1), [u]pon a showing of good cause the Court

may order that documents filed in a civil case be received and maintained by the Clerk under

Case: 4:14-cv-00859-RWS Doc. #: 76 Filed: 10/10/14 Page: 1 of 4 PageID #: 1631

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seal. Additionally, paragraph 6 of the Protective Order in this case provides that third parties

shall be entitled to designate documents as Confidential or Confidential Attorneys Eyes

Only and that documents designated as such shall not be disclosed publicly and shall only be

disclosed to specific individuals (including the Court and its personnel) as set forth in paragraph

4 thereto. (Dkt. 38). The Protective Order also grants leave to make filings of confidential

documents under seal in compliance with Local Rule 83- 13.05(A). (Id. at 12.).

2. The third party that produced Exhibits A, B and E in late September 2014,

pursuant to a subpoena served on it by Purina, has designated Exhibit A as Confidential and

Exhibits B and E as ConfidentialAttorneys Eyes Only. Accordingly, Nestle Purina isrequired by the Protective Order to abstain from disclosing the documents to the public, and is

required under the Protective Order to seek leave from this court to file the document under seal.

Because the Motion to Compel discloses certain contents of Exhibits A, B and E, Purina also

seeks leave to file the Motion to Compel under seal to protect the confidentiality designations of

the documents and their contents, for so long as Exhibits A, B and E remain designated as

Confidential or Confidential Attorneys Eyes Only.

WHEREFORE, Purina respectfully requests that the Court permit Purina to file under

seal its Motion to Compel and Exhibits A, B and E thereto.

Dated: October 10, 2014 Respectfully submitted,

NESTL PURINA PETCARE COMPANY

/s/ Carmine R. Zarlenga

Carmine R. Zarlenga 386244DC (Lead attorney)MAYER BROWN LLP1999 K Street NW


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Washington, DC 20006Telephone: (202) 263-3227Facsimile: (202) [email protected]

Richard M. Assmus (pro hac vice)Kristine M. Young (pro hac vice)MAYER BROWN LLP71 South Wacker DriveChicago, Illinois 60606Telephone: (312) 782-0600Facsimile: (312) [email protected]@mayerbrown.com

David A. Roodman, 38109MO

BRYAN CAVE LLP211 North Broadway #3600St. Louis, Missouri 63102Telephone: (314) 259-2000Facsimile: (314) [email protected]


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CERTIFICATE OF SERVICE

The undersigned hereby certifies that he caused a true and correct copy of the foregoing

Motion for Leave to File Motion to Compel and Exhibits A, B and E Thereto Under Seal and

Memorandum in Support Thereof to be served on all counsel of record who are deemed to have

consented to electronic service on this day of October 10, 2014 via the Courts CM/ECF system

and via electronic mail.

By: /s/ Carmine R. Zarlenga
