Sanderson v. Whoop, Inc.

[P ROPOSED] O RDER RE J OINT S EALING M OT .
(C ASE N O. 3:23- CV-05477-CRB)
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COOLEY LLP
A TTORNEYS AT L AW
S AN FRANCISCO
COOLEY LLP
JOHN HEMANN (165823)
(jhemann@cooley.com)
KRISTINE A. FORDERER (278745)
(kforderer@cooley.com)
EMILY ABBEY (341762)
(eabbey@cooley.com)
RYAN YLITALO (356685)
(rylitalo@cooley.com)
3 Embarcadero Center, 20th Floor
San Francisco, California 94111-4004
Telephone: 	+1 415 693 2000
Facsimile: 	+1 415 693 2222
MICHAEL N. SHEETZ (Pro Hac Vice)
(msheetz@cooley.com)
500 Boylston Street
Boston, MA 02116-3736
Telephone: 	+1 617 937 2300
Facsimile: 	+1 617 937 2400
Attorneys for Defendant
WHOOP, INC.
Simon Franzini (Cal. Bar No. 287631)
(simon@dovel.com)
Jonas Jacobson (Cal. Bar No. 269912)
(jonas@dovel.com)
Gabriel Z. Doble (Cal. Bar No. 335335)
(gabe@dovel.com)
DOVEL & LUNER LLP
201 Santa Monica Blvd., Suite 600
Santa Monica, California 90401
Telephone: 	(310) 656 7066
Facsimile: 	(310) 656 7069
Attorneys for Plaintiff and the Class
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
DONRICK SANDERSON, individually and on
behalf of all others similarly situated,
Plaintiff,
v.
WHOOP, INC.,
Defendant.
Case No. 3:23-cv-05477-CRB
[PROPOSED] O RDER RE JOINT O MNIBUS
SEALING M OTION REGARDING WHOOP ,
I NC .’ S AND PLAINTIFF ’S M OTIONS FOR
SUMMARY J UDGMENT, PLAINTIFF ’S
DAUBERT M OTIONS , AND RELATED
FILINGS PER O CTOBER 28, 2025 O RDER
(DKT. NO . 94)
Hon. Charles R. Breyer
Case 3:23-cv-05477-CRB Document 136 Filed 01/12/26 Page 1 of 17

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(C ASE N O. 3:23- CV-05477-CRB)
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COOLEY LLP
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Pursuant to Civil Local Rule 79-5 and this Court’s Order (Dkt. No. 94), Plaintiff Donrick
Sanderson (“Plaintiff”) and Whoop, Inc. (“Whoop”; together with Plaintiff, the “Parties”) have
filed a Joint Omnibus Sealing Motion to seal documents that contain information the Parties
contend is sealable under controlling authority.
The Parties’ respective requests to seal are their own. The “Basis for Sealing” content below
was proposed by the party making the request for that entry.
Having considered the Joint Omnibus Sealing Motion, all associated declarations, exhibits,
and any argument of counsel:
IT IS HEREBY ORDERED that the Joint Omnibus Sealing Motion is GRANTED, as
ordered in the below tables. Accordingly:
1. 	The unredacted versions of the documents sought to be sealed shall remain under
seal; and
2. 	The public shall only have access to the versions of the documents sought to be
sealed in which the following portions have been redacted as follows:
I. 	RULINGS ON DEFENDANT’ S SEALING REQUESTS
Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Defendant’s
Motion for
Summary
Judgment
(Dkt. No. 96-
2)
Portions
highlighted
at page 3
Whoop technology: I understand the
information requested to be sealed to reveals
confidential and proprietary information
regarding how often members create cycles
during their initial commitment period. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals proprietary member metrics, which are
competitively sensitive. It is my understanding
that public disclosure of these metrics would
harm Whoop competitively, as it could allow
competitors improper insight into sensitive
details regarding how often members use their
strap.
Ex. 1 to
Hemann
Declaration
Portions
highlighted
at pages 5,
Business strategy, Whoop technology: I
understand the information requested to be
sealed to reveal confidential and proprietary
Case 3:23-cv-05477-CRB Document 136 Filed 01/12/26 Page 2 of 17

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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
ISO
Defendant’s
Motion for
Summary
Judgment –
Expert
Report of Dr.
Keith Wilcox
(Dkt. No. 96-
2)
10, 16, 19,
26, 32, 36,
37–39, 74,
76, 77 only
n. 210 and
212
information regarding the internal business
strategy (marketing/pricing/website design),
sales channel performance, member feedback,
and how often members open their app. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on how
Whoop differentiates itself competitively and its
strategy in the market, as well as member
feedback and metrics, which are competitively
sensitive. It is my understanding that public
disclosure of this information would harm
Whoop competitively, as it could allow
competitors improper insight into valuable
strategic decision making and member feedback
and metrics.
Ex. 2 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Judgment –
Nathan
Giacalone
Vol. II Depo
Excerpts
(Dkt. No. 96-
3)
Portions
highlighted
at pages 296,
341–42 in
Exhibit A to
the
concurrently
filed
Forderer
Declaration
Whoop technology, business strategy: I
understand the information requested to be
sealed to reveal confidential and proprietary
information regarding sensitive details of how
Whoop straps collect and process data and how
Whoop maintains and structures internal
marketing email data. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on how the Whoop strap
technology functions and the type of
information Whoop collects regarding its
marketing email campaigns, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into valuable
technical details about Whoop technology and
its marketing campaigns.
Ex. 3 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Portions
highlighted
at pages 12,
136–37, 181,
189 in
Exhibit B to
the
Whoop technology, business strategy: I
understand the information requested to be
sealed to reveal confidential and proprietary
information regarding sensitive details of how
Whoop straps collect and process data, how
Whoop maintains and structures cycle data, and
the systems used to process order confirmations.
Case 3:23-cv-05477-CRB Document 136 Filed 01/12/26 Page 3 of 17

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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Judgment –
Nathan
Giacalone
Vol. I Depo
Excerpts
(Dkt. No. 96-
4)
concurrently
filed
Forderer
Declaration
Whoop maintains this information as
confidential in the ordinary course of business,
and this information is not generally known to
the public or competitors of Whoop. Such
information reveals important, sensitive
information on how the Whoop strap technology
functions, how Whoop maintains cycle data, and
the software used to produce order
confirmations, which are competitively
sensitive. It is my understanding that public
disclosure of this information would harm
Whoop competitively, as it could allow
competitors improper insight into valuable
technical details about Whoop technology and
its data, as well as the preferred vendor of
Whoop for order confirmation emails.
Ex. 4 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Judgment –
Expert
Rebuttal
Report of Dr.
Thomas
McGahee
(Dkt. No. 96-
5)
Portions
highlighted
at pages 2–3,
5–6, 9 n. 21
only, 10 n. 27
only, 11 n. 33
only, 12, 16–
21, 27–31,
33, 37–42,
44–48
Portions
highlighted
at Exs. 1, 2,
3a–d, 4a–b,
5a–d, 6a–d
Revenue, Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding internal revenue measurements,
member strap usage, internal member data
structure, how the Whoop strap functions, and
how Whoop cycle data is structured. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on how
the Whoop strap technology functions, how
Whoop maintains cycle and member data,
revenue metrics, and its competitive
performance, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
about Whoop technology and its data, member
strap usage, revenue metrics, and competitive
performance.
Ex. 9 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Entire
document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the code used to design renewal
reminder emails sent by Whoop. Whoop
maintains this information as confidential in the
ordinary course of business, and this
Case 3:23-cv-05477-CRB Document 136 Filed 01/12/26 Page 4 of 17

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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Judgment –
Renewal
Reminder
Email
Template
(Dkt. No. 96-
8)
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive technical details on
how Whoop designs its renewal reminder emails
to customers, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into the software code Whoop
designs its renewal reminder emails with.
Ex. 13 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Judgment –
February 11,
2021 Order
Confirmation
Email (Dkt.
No. 96-12)
Portion
highlighted
at page 5 in
Exhibit C to
the
concurrently
filed
Forderer
Declaration
Personally Identifiable Information: I
understand that most of this order confirmation
email was redacted for the sender’s PII prior to
production. However, the sender’s name was
inadvertently not redacted on the very bottom of
the email. Whoop maintains this information as
confidential in the ordinary course of business.
Ex. 15 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Judgment –
Whoop
Internal
Record
Reflecting
Plaintiff’s
Cycle Data
(Dkt. No. 96-
14)
Entire
document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding how Whoop structures and maintains
cycle data for members. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive technical details on how Whoop
structures and maintains cycle data for
members, which are competitively sensitive. It
is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
regarding how Whoop structures its member
data, which is integral to the Whoop service.
Ex. 16 to
Hemann
Declaration
ISO
Defendant’s
Entire
document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the code used to design renewal
reminder emails sent by Whoop. Whoop
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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Motion for
Summary
Judgment –
Renewal
Reminder
Email
Template
(Dkt. No. 96-
15)
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive technical details on
how Whoop designs its renewal reminder emails
to customers, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
regarding how Whoop designs its renewal
reminder emails.
Ex. 17 to
Hemann
Declaration
ISO
Defendant’s
Motion for
Summary
Judgment –
Internal
Whoop
Record
Showing
Emails Sent
to and
Opened by
Plaintiff (Dkt.
No. 96-16)
Entire
document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding how Whoop structures and maintains
data on marketing campaign emails sent to
members. Whoop maintains this information as
confidential in the ordinary course of business,
and this information is not generally known to
the public or competitors of Whoop. Such
information reveals important, sensitive
technical details on how Whoop structures email
campaign data and the type of data collected,
which are competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable technical details regarding how
Whoop structures its email campaign data and
the type of data it collects about those emails.
Plaintiff’s
Motion for
Summary
Judgment
(Dkt. No. 98-
2)
Portions
highlighted
at pages i,
26, 27
Revenue: I understand the information
requested to be sealed to reveal confidential and
proprietary information regarding internal
revenue measurements. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on revenue metrics and the
competitive performance of Whoop, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into how Whoop is
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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
competitively performing and its revenue with a
particular customer base.
Ex. 1 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Nathan
Giacalone
Vol. I Depo
Excerpts
(Dkt. No. 98-
5)
Portions
surrounded
in red boxes
at pages 12,
175 in
Exhibit D to
the
concurrently
filed
Forderer
Declaration
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding sensitive details of how Whoop straps
collect and process data and the systems used to
process and store member data. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on how
the Whoop strap technology functions and the
software used to capture and store member data,
which are competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable technical details about Whoop
technology and its data, as well as the preferred
vendor of Whoop for capturing and storing
member data, of which Whoop has no
equivalent insight of its competitors.
Ex. 8 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
October 19,
2023 Order
Confirmation
Email (Dkt.
No. 98-12)
Portions
highlighted
at page 4 in
Exhibit E to
the
concurrently
filed
Forderer
Declaration
Personally Identifiable Information: I
understand that most of this order confirmation
email was redacted for the sender’s PII prior to
production. However, PII in the body of the
email was inadvertently not redacted. Whoop
maintains this information as confidential in the
ordinary course of business.
Ex. 11 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Renewal
Entire
Document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the code used to design renewal
reminder emails sent by Whoop. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
Case 3:23-cv-05477-CRB Document 136 Filed 01/12/26 Page 7 of 17

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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Reminder
Template
(Dkt. No. 98-
15)
reveals important, sensitive technical details on
how Whoop designs its renewal reminder emails
to customers, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
regarding how Whoop designs its renewal
reminder emails.
Ex. 13 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Renewal
Reminder
Template
(Dkt. No. 98-
17)
Entire
Document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the code used to design renewal
reminder emails sent by Whoop. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive technical details on
how Whoop designs its renewal reminder emails
to customers, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
regarding how Whoop designs its renewal
reminder emails.
Ex. 14 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Renewal
Reminder
Template
(Dkt. No. 98-
18)
Entire
Document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the code used to design renewal
reminder emails sent by Whoop. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive technical details on
how Whoop designs its renewal reminder emails
to customers, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
regarding how Whoop designs its renewal
reminder emails.
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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Ex. 15 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Renewal
Reminder
Template
(Dkt. No. 98-
19)
Entire
Document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the code used to design renewal
reminder emails sent by Whoop. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive technical details on
how Whoop designs its renewal reminder emails
to customers, which are competitively sensitive.
It is my understanding that public disclosure of
this information would harm Whoop
competitively, as it could allow competitors
improper insight into valuable technical details
regarding how Whoop designs its renewal
reminder emails.
Ex. 16 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Expert
Rebuttal
Report of Dr.
Thomas
McGahee
(Dkt. No. 98-
20)
The same
portions are
sought here
as in Dkt.
No. 96-5
Duplicate document: I understand the Expert
Rebuttal Report of Dr. Thomas McGahee was
filed twice. The reasons for sealing are the same
as the reasons given above.
Ex. 17 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
Expert
Report of Dr.
Megan Todd
(Dkt. No. 98-
21)
Portions
highlighted
at pages 3–9
in Exhibit F
to the
concurrently
filed
Forderer
Declaration
Whoop technology, revenue: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding internal revenue measurements,
member strap usage, internal member data
structure, how the Whoop strap functions, and
how Whoop cycle data is structured. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on how
the Whoop strap technology functions, how
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Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Whoop maintains cycle and member data,
revenue metrics, and competitive performance,
which are competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable technical details about Whoop
technology and its data, member strap usage,
proprietary revenue metrics, and competitive
performance.
Ex. 18 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment –
First
Supplemental
Expert
Report of Dr.
Megan Todd
(Dkt. No. 98-
22)
Portions
highlighted
at page 1 and
Supplemental
Exhibits 3–
4.1 in
Exhibit G to
the
concurrently
filed
Forderer
Declaration
Whoop technology, revenue: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding internal revenue measurements,
member strap usage, internal member data
structure, how the Whoop strap functions, and
how Whoop cycle data is structured. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on how
the Whoop strap technology functions, how
Whoop maintains cycle and member data,
revenue metrics, and competitive performance,
which are competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable technical details about Whoop
technology and its data, member strap usage,
proprietary revenue metrics, and competitive
performance.
Plaintiff’s
Motion to
Exclude the
Expert
Opinions of
Dr. Thomas
McGahee
(Dkt. No.
103-2)
Portions
highlighted
at pages 2, 4
Revenue: I understand the information
requested to be sealed to reveal confidential and
proprietary information regarding internal
revenue measurements. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on revenue metrics and
competitive performance of Whoop, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
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competitors improper insight into valuable
details about how Whoop is competitively
performing with a particular set of customers.
Plaintiff’s
Opposition to
Defendant’s
Motion for
Summary
Judgment
(Dkt. No.
108-2)
Portions
highlighted
at pages 1, 3
(line 23
only), 16
(lines 18, 24
only), 17, 18,
23 (lines 16–
28 only), 24
Member feedback, Whoop technology: I
understand the information requested to be
sealed to reveal confidential and proprietary
information regarding member feedback and
how often members create cycles. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on
member feedback and metrics, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into valuable
details on how Whoop members perceive its
service and how often members use their straps.
Ex. 19 to
Doble
Declaration
ISO
Plaintiff’s
Opposition to
Defendant’s
Motion for
Summary
Judgment –
Internal
Whoop
Design
Document of
Choose
Membership
Page (Dkt.
No. 108-4)
Entire
Document
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding internal design documents for the
Whoop website. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive technical details on design of the
Whoop website, which are competitively
sensitive. It is my understanding that public
disclosure of this information would harm
Whoop competitively, as it could allow
competitors improper insight into valuable
technical details regarding how Whoop designs
its website.
Ex. 20 to
Doble
Declaration
ISO
Plaintiff’s
Opposition to
Defendant’s
Motion for
Portions
surrounded
in red boxes
at pages 38–
39, 45, 50–
53, 232–33,
235 in
Exhibit H to
Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding the software used to design the
Whoop website and how Whoop stores and
maintains members’ inbound inquiries. Whoop
maintains this information as confidential in the
ordinary course of business, and this
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Summary
Judgment –
Nathan
Giacalone
Vol. I Depo
Excerpts
(Dkt. No.
108-5)
the
concurrently
filed
Forderer
Declaration
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive technical details on
how Whoop designs its websites and
stores/processes member inbound inquiries,
which are competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable technical details regarding how
Whoop designs its website and how it processes
inbound member inquiries.
Ex. 21 to
Doble
Declaration
ISO
Plaintiff’s
Opposition to
Defendant’s
Motion for
Summary
Judgment –
Plaintiff’s
Excerpts of
Member
Feedback
(Dkt. No.
108-6)
Entire
Document
Member feedback: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding member feedback. Whoop maintains
this information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on member feedback,
which is competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable details on how Whoop members
perceive its service, which Whoop took great
effort to procure.
Defendant’s
Opposition to
Plaintiff’s
Motion for
Summary
Judgment
(Dkt. No.
111-1)
Portions
highlighted
at pages 1,
20–21
Revenue, Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding internal revenue measurements and
member strap usage. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on revenue metrics,
competitive performance, and how often
members use their straps, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into valuable
details about Whoop revenue metrics,
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competitive performance, and how often its
members use their straps.
Defendant’s
Opposition to
Plaintiff’s
Motion to
Exclude Dr.
McGahee
(Dkt. No.
118-1)
Portions
highlighted
at pages 2–3
Revenue, Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding internal revenue measurements and
member strap usage. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on revenue metrics,
competitive performance, and how often
members use their straps, which are
competitively sensitive. It is my understanding
that public disclosure of this information could
harm Whoop competitively, as it would allow
competitors improper insight into valuable
details about Whoop revenue metrics,
competitive performance, and how often its
members use their straps.
Defendant’s
Reply ISO
Motion for
Summary
Judgment
(Dkt. No.
121-1)
Portions
highlighted
at pages 5,
10–13, 15
Whoop technology, revenue, member
feedback: I understand the information
requested to be sealed to reveal confidential and
proprietary information regarding member
feedback, revenue metrics, and how often
members create cycles. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on member feedback and
metrics as well as revenue numbers, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into valuable
details on how Whoop members perceive its
service, how often members use their straps, and
Whoop revenue metrics and competitive
performance.
Declaration
of Kristine
Forderer ISO
Defendant’s
Portions
highlighted
at ¶¶ 2, 5–6
Member feedback: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding member feedback. Whoop maintains
this information as confidential in the ordinary
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Reply (Dkt.
No. 121-2)
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on member feedback,
which is competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable details on how Whoop members
perceive its service, which Whoop took great
effort to procure.
Plaintiff’s
Reply ISO
Motion for
Summary
Judgment
(Dkt. No.
123-2)
Portions
highlighted
at pages 1, 7,
11
Revenue, Whoop technology: I understand the
information requested to be sealed to reveal
confidential and proprietary information
regarding revenue and member metrics. Whoop
maintains this information as confidential in the
ordinary course of business, and this
information is not generally known to the public
or competitors of Whoop. Such information
reveals important, sensitive information on
revenue and member metrics, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into valuable
details on internal Whoop member and revenue
metrics, and competitive performance.
Ex. 24 to
Doble
Declaration
ISO
Plaintiff’s
Reply –
Nathan
Giacalone
Vols. I, II
Depo
Excerpts
(Dkt. No.
123-4)
Portions
surrounded
in red boxes
at pages 254,
295–296, 396
in Exhibit I
to the
concurrently
filed
Forderer
Declaration
Business strategy: I understand the information
requested to be sealed to reveal confidential and
proprietary information regarding sales channel
performance, non-public Whoop policies
towards members, and the structure of Whoop
design teams. Whoop maintains this
information as confidential in the ordinary
course of business, and this information is not
generally known to the public or competitors of
Whoop. Such information reveals important,
sensitive information on how Whoop
differentiates itself competitively and its
strategy in the market, as well as how it
structures its internal teams, which are
competitively sensitive. It is my understanding
that public disclosure of this information would
harm Whoop competitively, as it could allow
competitors improper insight into valuable
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details about strategic decision making and
competitive performance.
Ex. 25 to
Doble
Declaration
ISO
Plaintiff’s
Reply –
Internal
Whoop
Strategy
Discussion
(Dkt. No.
123-5)
Entire
document
Business strategy: I understand the information
requested to be sealed to reveal a confidential
and proprietary discussion regarding pricing and
member structure strategy with Whoop partners.
Whoop maintains this information as
confidential in the ordinary course of business,
and this information is not generally known to
the public or competitors of Whoop. Such
information reveals important, sensitive
information on how Whoop differentiates itself
competitively and its strategy in the market,
which are competitively sensitive. It is my
understanding that public disclosure of this
information would harm Whoop competitively,
as it could allow competitors improper insight
into valuable details about strategic decision
making and competitive performance.
II. 	RULINGS ON PLAINTIFF ’ S SEALING REQUESTS
Document 	Portion(s) to
Seal
[PROPOSED] Basis for Sealing 	Order
Ex. 4 to
Hemann
Declaration
ISO Whoop’s
Motion for
Summary
Judgment
(Dkt. No. 96-
5 / 97-5).
Plaintiff’s
Whoop user
ID (p.9 n.21,
p.11 n.33).
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
Ex. 10 to
Hemann
Declaration
ISO Whoop’s
Motion for
Summary
Judgment
(Dkt. No. 96-
9 / 97-11).
Plaintiff’s
home
address,
email
address, and
phone
number.
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
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Ex. 14 to
Hemann
Declaration
ISO Whoop’s
Motion for
Summary
Judgment
(Dkt. No. 96-
13 / 97-15).
Plaintiff’s
home address
and email
address.
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
Ex. 18 to
Hemann
Declaration
ISO Whoop’s
Motion for
Summary
Judgment
(Dkt. No. 96-
17 / 97-19).
Plaintiff’s
home address
and email
address.
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
Ex. 19 to
Hemann
Declaration
ISO Whoop’s
Motion for
Summary
Judgment
(Dkt. No. 96-
18 / 97-20).
Plaintiff’s
email
address.
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
Ex. 20 to
Hemann
Declaration
ISO Whoop’s
Motion for
Summary
Judgment
(Dkt. No. 96-
19 / 97-21).
Plaintiff’s
home address
and email
address.
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
Ex. 10 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment
(Dkt. No. 98-
14 / 99-11).
Plaintiff’s
email
address.
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
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Ex. 16 to
Doble
Declaration
ISO
Plaintiff’s
Motion for
Summary
Judgment
(Dkt. No. 98-
20 / 99-17).
Plaintiff’s
Whoop user
ID (p.9 n.21,
p.11 n.33).
This document contains Plaintiff’s personally
identifying information. Plaintiff has a
compelling interest in keeping his personally
identifying information private and preventing
exposure to harm or identity theft. In addition,
this information has little or no relevance to any
material issue in this case.
IT IS SO ORDERED.
Dated: ___________________
Honorable Charles R. Breyer
United States District Court Judge
January 12, 2026
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