`
`Case 1:16-cv-10142-DJC Document 31 Filed 04/01/16 Page 1 of 4
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
`
`
`
`
`
`
`
`
` CIVIL ACTION NO.: 1:16-CV-10142-DJC
`
`
`KEURIG GREEN MOUNTAIN, INC.
`
`
`
`Plaintiff,
`v.
`
`
`
`
`TOUCH COFFEE & BEVERAGES, LLC,
`
`
`
`
`
`Defendant.
`
`
`
`
`KEURIG’S ASSENTED-TO MOTION FOR AN ORDER OF
`IMPOUNDMENT OF CONFIDENTIAL MATERIALS 
`
` 
`Pursuant to Local Rule 7.2 and paragraph 12 of the Stipulated Protective Order in this
`
`matter (D.I. 22), Plaintiff, Keurig Green Mountain, Inc. (“Keurig”), requests an order of
`
`impoundment to file under seal its Opposition to the Motion for Preliminary Injunction filed by
`
`Defendant, Touch Coffee & Beverages, LLC (“Touch”), the Declaration of Mark Wood in
`
`Support of that Opposition and its Exhibits A-R, and Exhibits A, D, J-O, and R-AM to the
`
`Declaration of Hunter D. Keeton in Support of that Opposition. In support of this request,
`
`Keurig states as follows:
`
`1.
`
`Later today, Keurig will file a redacted version of its Opposition to Touch’s
`
`Motion for Preliminary Injunction (D.I. 7). In support of the Opposition and among other
`
`evidence, Keurig relies on documents, a deposition transcript, and deposition exhibits that Touch
`
`has designated CONFIDENTIAL – OUTSIDE COUNSEL ONLY under the Stipulated
`
`Protective Order. (D.I. 22 ¶ 3.) Keurig express no opinion about whether Touch’s designations
`
`are proper. Keurig also relies on the Declaration of Mark Wood (a redacted version of which
`
`4675094.1
`
`1
`
`

`
` 
`
`Case 1:16-cv-10142-DJC Document 31 Filed 04/01/16 Page 2 of 4
`
`Keurig will file later today) and its exhibits, portions of which disclose information confidential
`
`to Keurig. (D.I. 22 ¶ 2.1.) Keurig therefore seeks permission to file under seal un-redacted
`
`versions of its papers discussing and quoting these confidential materials, as well as declaration
`
`exhibits attaching those materials. 
`
`2.
`
`The Stipulated Protective Order provides, in part, that any “party wishing to
`
`make of record any CONFIDENTIAL – OUTSIDE COUNSEL ONLY information shall file a
`
`motion for leave to file under seal the filing containing the Confidential material,…. [The party]
`
`shall [file] such paper in a sealed envelope, or other appropriately sealed container, which
`
`includes the title of the Action, the party filing the materials, the nature of the materials filed,
`
`and the legend CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE
`
`ORDER: TO BE OPENED ONLY BY OR AS DIRECTED BY THE COURT.” (D.I. 22 ¶ 12.) 
`
`3.
`
`Pursuant to paragraph 12 of the Stipulated Protective Order, Keurig hereby files
`
`this Motion seeking permission from the Court to file un-redacted versions of its Opposition to
`
`the Motion for Preliminary Injunction filed by Touch, the Declaration of Mark Wood in Support
`
`of that Opposition and its Exhibits A-R, and Exhibits A, D, J-O, and R-AM to the Declaration
`
`of Hunter D. Keeton in Support of that Opposition, in sealed envelopes marked with the title of
`
`the Action, the party filing the materials, the nature of the materials filed, and the legend
`
`“CONTAINS CONFIDENTIAL INFORMATION SUBJECT TO PROTECTIVE ORDER: TO
`
`BE OPENED ONLY BY OR AS DIRECTED BY THE COURT.”
`
`4.
`
`The earliest date on which the impounding order should be lifted and custody
`
`arrangements for the post-impoundment period are addressed in the Stipulated Protective
`
`Order: “At the conclusion of this case, any materials filed with the Court under seal shall be
`
`kept under seal or be returned to the party filing it for disposition as provided for in ¶ 20 [of the
`
`4675094.1
`
`2
`
`

`
` 
`
`Case 1:16-cv-10142-DJC Document 31 Filed 04/01/16 Page 3 of 4
`
`Stipulated Protective Order, D.I. 22].” (D.I. 22 ¶ 12.)
`
`CONCLUSION 
`
`WHEREFORE, Keurig requests that this motion be granted and that Keurig be
`
`permitted to file under seal: (i) Un-Redacted Keurig’s Opposition to Touch’s Motion for
`
`Preliminary Injunction, (ii) Un-Redacted Declaration of Mark Wood in Support of Keurig’s
`
`Opposition to Touch’s Motion for Preliminary Injunction and its Exhibits A-R, and (iii)
`
`Exhibits A, D, J-O, and R-AM to the Declaration of Hunter D. Keeton in Support of Keurig’s
`
`Opposition to Touch’s Motion for Preliminary Injunction.
`
`LOCAL RULE 7.1(A)(2) CERTIFICATE
`
`Undersigned counsel for Keurig certifies that he conferred with counsel for Touch, and
`
`that counsel for Touch indicated that Touch assented to the relief requested in this motion.
`
`
`Date: April 1, 2016
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`/s/ Hunter D. Keeton
`Michael A. Albert, BBO # 558566
`malbert@wolfgreenfield.com
`Gerald B. Hrycyszyn, BBO # 675201
`ghrycyszyn@wolfgreenfield.com
`Justin C. Colannino, BBO # 679473
`jcolannino@wolfgreenfield.com
`Hunter D. Keeton, BBO # 660609
`hkeeton@wolfgreenfield.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Ave.
`Boston, MA 02210
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`
`Counsel for Keurig Green Mountain, Inc.
`
`4675094.1
`
`3
`
`

`
` 
`
`
`
`Case 1:16-cv-10142-DJC Document 31 Filed 04/01/16 Page 4 of 4
`
`CERTIFICATE OF SERVICE
`
`I certify that I am causing this document to be filed through the Court’s electronic filing
`
`system, which serves counsel for other parties who are registered participants as identified on the
`
`Notice of Electronic Filing (NEF).
`
`
`
`
`
`
`
`/s/ Gerald B. Hrycyszyn
`Gerald B. Hrycyszyn
`
`
`
`4675094.1
`
`4