Judge: Linda S. Marks, Case: 01188339, Date: 2022-08-01 Tentative Ruling

Ralph Lauren Corporation’s (RLC) Motion to File Under Seal

 Pursuant to California Rules of Court, rule 2.551, a party requesting that a record be filed under seal must file a motion or application and the “application must be accompanied by a memorandum and declaration containing facts sufficient to justify the sealing.” (Cal. Rules of Court, rule 2.551, subd. (b)(1).) The motion or application must be served on all parties that have appeared in the case. (Id., subd. (b)(2).)

Here, RLC failed to file a proof of service showing that the motion to file under seal was served on all parties that have appeared in the case. RLC submitted two proofs of service

First, RLC filed a proof of service, dated April 15, 2022 for the following documents:

• Request for Entry of Default (Application to Enter Default)

• Declaration of Matthew E. Lewitz in support of Cross-Defendant/Cross-Complainant Ralph Lauren Corporation’s Application for Default Judgment Against Defendant/Cross-Defendant Manhattan Beachwear, Inc.

• [Public - Redacts Material from Conditionally Sealed Record] Memorandum of Points and Authorities in Support of Cross-Defendant/ Cross-Complainant Ralph Lauren Corporation’s Application for Default Judgment against Defendant/ Cross-Defendant Manhattan Beachwear, Inc.

• [Public – Redacts Material from Conditionally Sealed Record] Declaration of Marco De Biasio in Support of Defendant/Cross-Complainant Ralph Lauren Corporation’s Application for Default Judgment Against Defendant/Cross-Defendant Manhattan Beachwear, Inc.

• Memorandum of Costs (Summary). (See ROA # 185.)

RLC also filed a second proof of service, dated April 15, 2022 for the following documents:

• Request For Entry of Default (Application to Enter Default).

• Memorandum of Points and Authorities in Support of Defendant/Cross-Complainant A&H Sportswear D/B/A Swim USA’s Application for Default Judgment Against Defendant/Cross-Defendant Manhattan Beachwear, Inc.

• Declaration of Jack Waldman in Support of Defendant/Cross-Complainant A&H Sportswear D/B/A Swim USA’s Application for Default Judgment Against Defendant/Cross-Defendant Manhattan Beachwear, Inc.

• [Proposed] Judgment Against Manhattan Beachwear, Inc.

While these documents are those that RLC moved to file under seal, this list of served documents does not establish that the

actual redacted/unredacted Motions to File Under Seal and supporting declarations were served on all parties that have appeared in this case.

There is no proof of service on file relating to the service of ROA # 207 (Declaration of Marco De Biasio in Support of the Motion to Seal Portions of Motion for Default Judgment), # 208 (Unredacted Declaration of Marco De Biasio in Support of the Motion to Seal Portions of Motion for Default Judgment), # 209 (Notice of Motion and Motion to File Under Seal; Memorandum of Points and Authorities), or # 210 (Unredacted Notice of Motion and Motion to File Under Seal; Memorandum of Points and Authorities).

Tentative Ruling: The unopposed Motion to File Under Seal is CONTINUED to August 29, 2022, 10:00am, Department C25. Cross-Defendant/Cross-Complainant Ralph Lauren Corporation failed to file a proof of service establishing that the redacted and unredacted versions of the Motion to File Under Seal and related declarations were properly served on all parties pursuant to California Rules of Court, rule 2.551(b)(2). (Cal. Rules of Court, rule 2.551, subd. (b)(2).)

Moving Party to give notice.