DEFENDANTS' MOTION TO FILE UNDER SEAL PORTIONS OF DEFENDANTS' RENEWED MOTION FOR SUMMARY JUDGMENT AS TO THE UNAVAILABILITY OF DAMAGES

C.W. HOFFMAN, Jr., Magistrate Judge.

Pursuant to District of Nevada Local Rule 10-5(b), Defendants Beam Inc. and Jim Beam Brands Co. (collectively, "Defendants") hereby request that the below-listed portions of their filing entitled "Defendants' Renewed Motion for Summary Judgment as to the Unavailability of Damages" as well as the belowlisted portions of the supporting declarations and exhibits, which are being filed electronically under seal concurrently with this motion, be sealed by this Honorable Court pursuant to the protective order in place between the parties. Defendants are contemporaneously filing, or have contemporaneously filed, redacted versions of each document requested to remain under seal so that there can be versions of the documents available for viewing by the general public.

Defendants respectfully request that portions of the said documents be sealed because Defendants' Renewed Motion for Summary Judgment and its supporting documentation contains information and documents that either Defendants and/or Plaintiff have designated as "CONFIDENTIAL — OUTSIDE ATTORNEY'S EYES ONLY," as contemplated by the Stipulated Protective Order entered by the Court December 6, 2011. Under the Stipulated Protective Order, the party making the designation claims that the designated documents and information constitutes or contains proprietary or confidential trade secret, technical, business, financial, or other sensitive information about affiliates, parents, subsidiaries and third parties with whom the parties to this litigation have or have had business relationships, or other confidential or technical research, development, business, or financial information that, if disclosed to a business competitor, may tend to damage the designating party's competitive position. As a signatory to the Stipulated Protective Order, Defendants are bound at this stage to respect Plaintiff's designation of confidentiality, especially given these motions. (See Stipulated Protective Order Regarding Confidentiality, Dkt. #31, at 2-3.)

With respect to Defendants' claimed proprietary materials, the information Defendants seek to seal by way of this motion is information related to Defendants' sales of its PUCKER liqueur and PUCKER vodka products, the amounts spent on advertising for the same, as well as exhibits that disclose Defendants' internal marketing decisions and trade secret competitive business strategies. The disclosure of these materials could result in the infringement of Defendants' trade secrets, interfere with Defendants' business opportunities, and otherwise result in irreparable injury to Defendants. Accordingly, Defendants submit that "compelling reasons" exist to maintain the following information and documents under seal. See, e.g., Golden Boy Promotions, Inc. v. Top Rank, Inc., No. 2:10-cv-01619, 2011 U.S. Dist. LEXIS 23450, at *3 (D. Nev. Feb. 17, 2011) (granting motion to seal "Term Sheet" containing the details of a confidential business agreement finding it "[a] source of business information that might harm [the] litigants' competitive standing.").

Pursuant to the Stipulated Protective Order Regarding Confidentiality, Defendants specifically request that the following documents, and all references made in Defendants' Renewed Motion for Summary Judgment (a public version with redactions of such references available at Dkt. #169) or in its supporting declarations that disclose such, be sealed:

In light of the foregoing, Defendants pray that this Honorable Court grant the foregoing request and order that the above listed documents and information, along with references to such exhibits and information in Defendants' Motion for Summary Judgment and supporting documentation therefor, be sealed and/or remain under seal during the pendency of this action.