Dunstan et al v. comScore, Inc.

Filing 348

MOTION by Plaintiffs Jeff Dunstan, Mike Harris to seal document sealed document 346 (Balabanian, Rafey)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of a class of
similarly situated individuals,

Case No. 1:11-cv-5807

Plaintiffs,

Hon. James F. Holderman

v.

Magistrate Judge Young B. Kim

COMSCORE, INC., a Delaware corporation,
Defendant.

PLAINTIFFS’ MOTION TO FILE DOCUMENTS UNDER SEAL
Plaintiffs Mike Harris and Jeff Dunstan (“Plaintiffs”), pursuant to Local Rules 5.8 and
26.2, respectfully move the Court for an Order granting them leave to file a document under seal
in conjunction with Plaintiffs’ Motion for Preliminary Approval of Class Action Settlement. In
support of this Motion, Plaintiffs state as follows:
1.

On February 20, 2014, concurrently with the filing of this Motion, Plaintiffs filed

their Motion for Preliminary Approval of Class Action Settlement (the “Motion”), the
Declaration of Rafey S. Balabanian (the “Balabanian Declaration”), the Parties’ Class Action
Settlement Agreement (the “Settlement Agreement”), and, attached to and filed in support of the
Settlement Agreement, Exhibits A – H.
2.

Plaintiffs understand the need to file their Motion and other settlement papers on

the public record, both for the interest of putative settlement class members and for other
interested members of the public at large.
3.

That said, Plaintiffs believe that the content of Exhibit H to the Settlement

Agreement both (i) unnecessarily risks compromising the integrity of the Settlement Agreement

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and (ii) has no bearing whatsoever on the substance or effect of the Settlement Agreement as it
relates to the interests of the putative settlement class.
4.

Therefore, in the interests of preserving the integrity of the Settlement

Agreement—which Class Counsel strongly believes is in the best interests of all Class
members—good cause exists to file Exhibit H to the Settlement Agreement under seal.
5.

Counsel for Plaintiffs discussed the instant request with counsel for Defendant

comScore, Inc., who, in turn, indicated that comScore does not oppose this motion.
WHEREFORE, Plaintiffs Mike Harris and Jeff Dunstan respectfully move the Court,
pursuant to Local Rules 5.8 and 26.2 for an Order granting them leave to file entirely under seal
Exhibit H to the Parties’ Class Action Settlement Agreement;

Dated: May 30, 2014

Respectfully submitted,
MIKE HARRIS and JEFF DUNSTAN,
individually and on behalf of all others
similarly situated,
By: s/ Rafey S. Balabanian
One of Plaintiffs’ Attorneys

Rafey S. Balabanian
[e-mail]
EDELSON PC
350 North LaSalle Street, Suite 1300
Chicago, Illinois 60654
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiffs, the Class, and the Subclass

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CERTIFICATE OF SERVICE
I, Rafey S. Balabanian, an attorney, certify that on May 30, 2014, I served the above and
foregoing Plaintiffs’ Motion to File Documents Under Seal, by causing true and accurate copies
of such paper to be filed and transmitted to all counsel of record via the Court’s CM/ECF
electronic filing system, and further by causing true and accurate copies of such paper to be
transmitted to all counsel of record via electronic mail.

s/ Rafey S. Balabanian

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