Opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

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:

CUMULUS MEDIA NEW HOLDINGS INC., :

:

Plaintiff, :

: 25-CV-08581 (JAV)

-v- :

: ORDER GRANTING

THE NIELSEN COMPANY (US) LLC, : MOTION TO SEAL

:

Defendant. :

:

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JEANNETTE A. VARGAS, United States District Judge:

On October 29, 2025, Plaintiff Cumulus Media New Holdings Inc. (“Cumulus”) and

Defendant The Nielsen Company (US) LLC (“Nielsen”) appeared before this Court for a

conference on Cumulus’s Motion for Preliminary Injunction. The Court preliminarily sealed certain

portions of the conference transcript that included discussion of nonpublic and competitively

sensitive information. On November 26, 2025, Cumulus moved to permanently redact the

provisionally sealed portions of the transcript. ECF No. 81.

Plaintiff’s motion is GRANTED. Cumulus has made a sufficient showing that the

information it seeks to seal, concerning non-public and sensitive financial information regarding

Cumulus and Westwood One’s operations, qualifies as “confidential business information” that is

material to these entities’ competitive position in the market and could potentially inflict

“significant competitive disadvantage” on Cumulus and Westwood One through disclosure.

Standard Inv. Chartered, Inc. v. Fin. Indus. Regul. Auth., Ind., 347 F. App’x 615, 617 (2d Cir. 2009)

(internal quotation marks omitted). The Court therefore finds that, in this instance, the “interest in

protecting confidential business information outweighs the qualified First Amendment presumption

of public access.” Id. (internal citations and quotation marks omitted); Lugosch v. Pyramid Co. of

Onondaga, 435 F.3d 110, 124 (2d Cir. 2006).

The Clerk of Court is directed to terminate ECF No 81.

SO ORDERED. 4

Dated: January 7, 2026 f LON HAgE ~

New York, New York JEANNETTE A. VARGAS

“United States District Judge