F. ovo Aetna

Filing 219

ORDER DENYING DEFENDANT'S MOTION TO FILE UNDER SEAL; DIRECTIONS TO DEFENDANT. Defendant Aetna Life Insurance Company is directed to file in the public record, no earlier than April 14, 2017, and no later than April 20, 2017, the following documents: (1) an unredacted version of Aetna's Opposition to Memorandum Regarding Standard of Review; (2) an unredacted version of Exhibit A to the Declaration of Heather Richardson in Support of Opposition to Memorandum Regarding Standard of Review; and (3) Exhibits D, F, I, K, N, P, R, T, W, and Y to the Declaration of Heather Richardson in Support of Opposition to Memorandum Regarding Standard of Review. Signed by Judge Maxine M. Chesney on 04/10/17. (mmclc2, COURT STAFF) (Filed on 4/10/2017) Modified on 4/10/2017 (mmclc2, COURT STAFF).

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 DENNIS F., et al., Plaintiffs, 8 9 10 United States District Court Northern District of California 11 v. AETNA LIFE INSURANCE COMPANY, Case No. 12-cv-02819-MMC ORDER DENYING DEFENDANT’S MOTION TO FILE UNDER SEAL; DIRECTIONS TO DEFENDANT Re: Dkt. No. 190 Defendant. 12 13 Before the Court is defendant Aetna Life Insurance Company’s (“Aetna”) motion to 14 file under seal, filed September 16, 2016, by which Aetna seeks leave to file under seal 15 ten administrative services agreements (“ASAs”) between Aetna and various third 16 parties, which have already been heavily redacted and are submitted in support of 17 Aetna’s Opposition to Memorandum Regarding Standard of Review; Aetna also seeks 18 leave to file a redacted version of its Opposition and a supporting exhibit, in which the 19 ASAs are quoted. 20 At the hearing conducted November 4, 2016, counsel for Aetna represented to the 21 Court that the ASAs contain a confidentiality clause. By order filed November 7, 2016 22 (“November 7 Order”), the Court directed Aetna to file, no later than November 17, 2016, 23 proof of service of the instant motion and the November 7 Order on each such third-party 24 and also directed any third party who wished to file a declaration establishing the 25 confidentiality of the above-referenced material to file such declaration no later than 26 December 1, 2016. 27 28 On November 17, 2016, Aetna filed various proofs of service in compliance with the November 7 Order. To date, no declaration has been filed by any third party. 1 Accordingly, as the third parties in question have not asserted that the above- 2 referenced material is confidential, Aetna’s motion for administrative relief is hereby 3 DENIED, and Aetna is hereby DIRECTED to file in the public record, no earlier than April 4 14, 2017, and no later than April 20, 2017, the following documents: (1) an unredacted 5 version of Aetna’s Opposition to Memorandum Regarding Standard of Review; (2) an 6 unredacted version of Exhibit A to the Declaration of Heather Richardson in Support of 7 Opposition to Memorandum Regarding Standard of Review; and (3) Exhibits D, F, I, K, N, 8 P, R, T, W, and Y to the Declaration of Heather Richardson in Support of Opposition to 9 Memorandum Regarding Standard of Review. 10 United States District Court Northern District of California 11 IT IS SO ORDERED. 12 13 Dated: April 10, 2017 MAXINE M. CHESNEY United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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