Opinion

P & L Development, LLC v. Gerber Products Company

Court
District Court, E.D. New York
Filed
Mar 28, 2024
Cited by
0 cases
Authority
More cited than 26.8%

explaining that supporting material submitted in connection with a motion for summary judgment should be accorded the “highest” presumption of public access

How later courts described this case

  • explaining that supporting material submitted in connection with a motion for summary judgment should be accorded the “highest” presumption of public access

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK

--------------------------------------------------------- x

P & L DEVELOPMENT, LLC,

Plaintiff, ORDER ON THE

PERRIGO DEFENDANTS’

-against-

OBJECTION TO JUDGE

SHIELDS’ MAY 6, 2022

GERBER PRODUCTS COMPANY,

ORDER

PERRIGO COMPANY PLC, L. PERRIGO

COMPANY and PBM NUTRITIONALS,

21-cv-5382 (NG) (AS)

LLC,

Defendants.

--------------------------------------------------------- x

GERSHON, United States District Judge:

On May 6, 2022, the Honorable Anne Shields, magistrate judge, entered an order

granting in part and denying in part the renewed motion of the Perrigo Defendants (Perrigo

Company, PLC, L. Perrigo Company, and PBM Nutritionals, LLC) to seal certain portions of a

purported Gerber-Perrigo Supply Agreement (the “Supply Agreement”) that the Perrigo

Defendants filed and requested that I consider in connection with their motion to dismiss.

Pursuant to Federal Rule of Civil Procedure 72(a), the Perrigo Defendants filed a timely

objection to portions of Judge Shields’ order.

Under Rule 72(a), a district judge may not “modify or set aside any part” of a magistrate

judge’s order, unless it “is clearly erroneous or is contrary to law.” This is a “highly deferential

standard,” which imposes “a heavy burden” on a party seeking to overturn a magistrate judge’s

order. Storms v. United States, 2014 WL 3547016, at *4 (E.D.N.Y. July 16, 2014).

To begin with, Judge Shields’ carefully delimited order comprehensively and correctly

analyzed the legal issues presented, and the Perrigo Defendants do not really argue otherwise.

They argue only that Judge Shields accorded too much weight to the presumption of public

access, which Judge Shields balanced against the Perrigo Defendants’ competing interest in

keeping competitive information confidential, because Plaintiff P & L Development, LLC

(“PLD”) “conceded” in its motion to dismiss briefing that the Supply Agreement does not

contain a “first right” to Gerber’s excess supply. Perrigo Defendants’ Objection 3. This was

hardly a concession. On the contrary, PLD argued, and I found, that the Supply Agreement

attached by the Perrigo Defendants was irrelevant to resolving their motion to dismiss and not

properly considered because it was not the agreement that the Plaintiff alleged in the Complaint.

The Perrigo Defendants submitted the Supply Agreement as supporting material in

connection with their motion to dismiss and requested that I take it into account in resolving their

motion. Having done so, the weight to be accorded to the presumption of public access was not,

as the Perrigo Defendants argue, “extremely weak.” Id. 4; see Lugosch v. Pyramid Co. of

Onondaga, 435 F.3d 110, 123 (2d Cir. 2006) (explaining that supporting material submitted in

connection with a motion for summary judgment should be accorded the “highest” presumption

of public access). Nor are the Perrigo Defendants helped by my determination that the Supply

Agreement was not properly considered in resolving their motion to dismiss. As the court in

Lugosch explained, the weight to be accorded to the presumption of public access does not

depend “on the extent to which [documents are] relied upon in resolving the motion.” 435 F.3d

at 123. For these reasons, the Perrigo Defendants fail to meet their burden to show that the

weight Judge Shields accorded to the presumption of public access of the Supply Agreement was

“clearly erroneous” or “contrary to law.” Fed. R. Civ. P. 72.

In sum, the Perrigo Defendants’ objection is denied and Judge Shields’ May 6, 2022

order is affirmed.

SO ORDERED.

/S/

NINA GERSHON

United States District Judge

March 11, 2024

Brooklyn, New York

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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