Dennington v. State Farm Fire and Casualty Company et al

Filing 115

ORDER granting 113 Motion to Seal; granting 114 Motion to Redact Opposition to Plaintiffs' Motion to Exclude. The parties are directed to file their motions, briefs, and exhibits on the docket redacting all information that is the subject of the Protective Order. The parties are to provide the Court with an unredacted copy of the redacted filings. Signed by Honorable Susan O. Hickey on March 30, 2016. (See Order for specifics.) (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JEFF DENNINGTON and JAMES
STUART, individually and on behalf
of all others similarly situated
v.

PLAINTIFFS

Case No. 4:14-cv-4001

STATE FARM FIRE AND CASUALTY
COMPANY and STATE FARM GENERAL
INSURANCE COMPANY

DEFENDANTS

ORDER
Before the Court is Plaintiffs’ Motion for Leave to File Response to State Farm Defendants’
Motion to Strike Portions of the Solomon Declarations Under Seal (ECF No. 113) and State Farm
Defendants’ Unopposed Motion to Redact Opposition to Plaintiffs’ Motion to Exclude (ECF No.
114). Both motions are unopposed.
On April 2, 2015, the Court entered a Stipulated Protective Order. (ECF No. 62). Pursuant
to the Order, documents produced and information disclosed at a deposition in this action may be
designated as “Confidential,” and any papers filed with the Court that include “Confidential”
information must be filed under seal. In discovery, Defendants have produced “Confidential”
documents, including information concerning its adjusting practices and the claims submitted by its
insureds. Defendants have also designated as “Confidential” certain portions of deposition
testimony.
In Plaintiffs’ Memorandum of Law in Opposition to State Farm Defendants’ Motion to Strike
Portions of the Solomon Declarations, they intend to discuss, cite, and attach as exhibits a number
of these documents. Likewise, in Defendants’ Opposition to Plaintiffs’ Motion to Exclude the
Expert Opinions of Michael J. Berryman, Stephen D. Prowse, and Michael F. O’Connor, they intend

to discuss, cite, and attach as exhibits material they have designated as “Confidential.”
The parties each request to file these confidential portions of their motions, briefs, and
accompanying exhibits under seal. The Court understands that some portions of motions, briefs, and
exhibits contain public information that is not covered by the Protective Order, which may be filed
on the docket. Because the documents can be redacted, it is in the best interests of the public for the
redacted versions to be filed on the docket.
Accordingly, Plaintiff’s Motion for Leave to File Response to State Farm Defendants’
Motion to Strike Portions of the Solomon Declarations Under Seal (ECF No. 113) should be and
hereby is GRANTED. Defendants’ Unopposed Motion to Redact Opposition to Plaintiffs’ Motion
to Exclude (ECF No. 114) should be and hereby is GRANTED. The parties are directed to file their
motions, briefs, and exhibits on the docket and redact all information that is the subject of the
Protective Order. The parties are further directed to provide the Court with an unredacted copy of
motions, briefs, and exhibits.
IT IS SO ORDERED, this 30th day of March, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge

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