F. ovo Aetna

Filing 226

ORDER GRANTING IN PART AND DEFERRING RULING IN PART ON PARTIES' JOINT ADMINISTRATIVE MOTION AND STIPULATION TO FILE UNDER SEAL; DIRECTIONS TO PARTIES. To the extent any party seeks an order sealing one or more of the documents identified by Bates number in the Court's order, such party is directed to file, no later than July 20, 2017, a declaration establishing a cognizable basis for such sealing. Signed by Judge Maxine M. Chesney on 07/13/17. (mmclc2, COURT STAFF) (Filed on 7/13/2017)

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
12

v.
AETNA LIFE INSURANCE COMPANY,
Defendant.

Case No. 12-cv-02819-MMC
ORDER GRANTING IN PART AND
DEFERRING RULING IN PART ON
PARTIES’ JOINT ADMINISTRATIVE
MOTION AND STIPULATION TO FILE
UNDER SEAL; DIRECTIONS TO
PARTIES
Re: Dkt. No. 204

And Related Cases

13
14

Before the Court are a Joint Administrative Motion and Joint Stipulation, both filed

15

November 14, 2016, by which the parties seek leave to file under seal a USB drive

16

containing material that, according to the parties, comprises the full scope of evidence

17

relevant to the above-titled action.

18

A sealing order “may issue only upon a request that establishes that the

19

document, or portions thereof, is privileged or protectable as a trade secret or otherwise

20

entitled to protection under the law”. See Civil L.R. 79-5(b). The request “must be

21

narrowly tailored to seek sealing only of sealable material.” See id.

22

Here, the parties assert, the requested sealing is appropriate because the USB

23

drive contains “highly sensitive mental health information that is individually identifiable”

24

and “confidential commercial information.” (See Mot. at 1:12-14). Additionally, the

25

parties agree that “some documents contained [therein] . . . do not contain [c]onfidential

26

information,” and have filed the documents in the public record as exhibits to their

27

Stipulation. (See Joint Stip., at 3:19-22, Exs. A-W.)

28

Other documents, however, namely Bates numbers AET-DEF-000869 through

1

AET-DEF-000870, AET-DEF-001186 through AET-DEF-001193, AET-DEF-021412

2

through AET-DEF-021420, AET-DF-023341 through AET-DEF-023344, and AET-DF-

3

045331 through AET-DEF-045338, appear to be similar in content to the above-

4

referenced concededly non-confidential documents and, consequently, likewise appear

5

appropriate for filing in the public record.

6

To the extent any party seeks an order sealing one or more of the above-listed

7

documents, such party is hereby DIRECTED to file, no later than July 20, 2017, a

8

declaration establishing a cognizable basis for sealing; as to these documents, the Court

9

hereby DEFERS ruling pending such filing.

10

To the extent the parties seek an order sealing the remainder of the documents

United States District Court
Northern District of California

11

contained in the USB drive, the Court finds the parties have made the requisite showing;

12

as to these documents, the motion is hereby GRANTED.

13

Accordingly, the USB drive and its contents shall remain filed under seal, and the

14

Court will determine whether, in addition to the documents identified by the parties as

15

non-confidential, other documents contained therein shall no longer remain under seal.

16
17

IT IS SO ORDERED.

18
19

Dated: July 13, 2017
MAXINE M. CHESNEY
United States District Judge

20
21
22
23
24
25
26
27
28
2