Judge: Jon R. Takasugi, Case: 22STCV30700, Date: 2022-11-09 Tentative Ruling

Case Number: 22STCV30700    Hearing Date: November 9, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            The parties’ respective motions to seal are GRANTED.

On 9/19/2022, Plaintiff Shadow Holdings, LLC (Plaintiff) filed a complaint for injunctive relief against John Paul Mitchell Systems (Defendant), alleging: (1) breach of contract; and (2) breach of good faith and fair dealing.

            Now, Plaintiffs move to seal the complaint, certain documents supporting the motion for preliminary injunction, certain documents supporting Plaintiff’s supplemental memorandum in support of the preliminary injunction motion, and certain documents supporting Plaintiff’s reply in support of the motion for preliminary injunction. Defendant also moves to seal documents.

Discussion

            Plaintiff seeks to seal the following:

-         Shipley Reply Decl. Exhibits 41-43 and 46-63 and Ciampa Exhibits A and B, and the redacted portions of the Reply, Supplemental Ajwani Declaration, Supplemental Byrne Declaration, and Ciampa Declaration

Defendant seeks to seal the following:

-         Exhibits A and C-M attached to the Declaration of Daniel Scott Schecter in support of the PI Opposition

-         Exhibits A-M attached to the Declaration of Tiffany Jones in support of the PI Opposition

-         Exhibit A attached to the Declaration of Luke Jacobellis in support of the PI Opposition

-         Certain portions of the PI Opposition, the Schecter Declaration, the Jones Declaration, the Jacobellis Declaration, the Declaration of Richard Hough in support of the PI Opposition

-         The Declaration of Jason Yates in support of the PI Opposition

-         PMS’s Evidentiary Objections to the Declarations of Guarav Ajwani, Wayne Byrne, Edward Gotch, and Michael Shipley in Support of Plaintiff Shadow Holdings, LLC’s Motion for Preliminary Injunction

The parties argue that the information they seek to seal is commercial sensitive and has been deemed “Confidential” or “Highly Confidential” under the terms of the parties’ Protective Order. 

Given the overriding interest in protecting confidential information, alongside the lack of opposition, the Court is persuaded that the motions should be granted.

It is so ordered.

Dated:  November    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar. 

            Due to Covid-19, the court is strongly discouraging in-person appearances.  Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk.  The court encourages the parties wishing to argue to appear via L.A. Court Connect.  For more information, please contact the court clerk at (213) 633-0517.  Your understanding during these difficult times is appreciated.