Case: 4:14-cv-00859-RWS Doc.

#: 76 Filed: 10/10/14 Page: 1 of 4 PageID #: 1631

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NESTL PURINA PETCARE COMPANY,
Plaintiff,
v.
THE BLUE BUFFALO COMPANY LTD.,
Defendant.

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Case No. 4:14 CV 859 RWS

PLAINTIFF NESTL PURINA PETCARE COMPANYS MOTION FOR LEAVE TO

FILE MOTION TO COMPEL AND EXHIBITS A, B AND E THERETO UNDER SEAL
AND 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

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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 is
required 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 LLP
1999 K Street NW
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Washington, DC 20006
Telephone: (202) 263-3227
Facsimile: (202) 263-5227
czarlenga@mayerbrown.com
Richard M. Assmus (pro hac vice)
Kristine M. Young (pro hac vice)
MAYER BROWN LLP
71 South Wacker Drive
Chicago, Illinois 60606
Telephone: (312) 782-0600
Facsimile: (312) 701-7711
rassmus@mayerbrown.com
kyoung@mayerbrown.com
David A. Roodman, 38109MO
BRYAN CAVE LLP
211 North Broadway #3600
St. Louis, Missouri 63102
Telephone: (314) 259-2000
Facsimile: (314) 259-2020
daroodman@bryancave.com

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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

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