Robert H, Hansen v Conseco Insurance Company

Filing 184

ORDER re 177 Motion to File Documents Under Seal, requiring response from defendant Conseco. Signed by Judge Whyte on 6/29/10. (rmwlc2, COURT STAFF) (Filed on 6/29/2010)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ROBERT H. HANSEN, an individual, and on behalf of all other similarly situated persons, Plaintiffs, v. CONSECO INSURANCE COMPANY, an Illinois corporation f/k/a CONSECO ANNUITY INSURANCE COMPANY, Defendants. No. C-05-04726 RMW IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION E-FILED on 6/29/10

ORDER REGARDING MOTION TO SEAL

[Re Docket No. 177]

Plaintiffs move to file under seal Exhibits 4-13, 15-36, 38, 39, and 43 attached to the Declaration of Phong L. Tran in Support of Plaintiff's Motion for Class Certification, Appointment of Class Representative and Appointment of Class Counsel. A request to seal must establish that the document, or portions thereof, is privileged or protectable as a trade secret or otherwise entitled to protection under the law. Civ. L. R. 79-5(a). The request must be narrowly tailored to seek sealing of only sealable material. Id. Having reviewed the material that plaintiffs seek to file under seal, the court has concerns about the extent of material which plaintiffs seek to file under seal. There does not appear to be a basis for filing the following documents under seal: Exhibits 9, 10, 12, 13, 15-27, 29-31, 36, and 43. Plaintiffs have represented that they seek to file these documents under seal because they have been designated confidential by defendant Conseco. The court therefore orders Conseco to either explain
ORDER REGARDING MOTION TO SEAL--No. C-05-04726 RMW CCL

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

why all of the designated material is sealable or to submit a narrowly tailored request to file under seal only those portions of the documents that are sealable material. If Conseco does not submit a satisfactory explanation or an appropriately narrowly tailored request within ten days, the motion to seal will be denied.

DATED:

6/29/10

RONALD M. WHYTE United States District Judge

ORDER REGARDING MOTION TO SEAL--No. C-05-04726 RMW CCL 2