ORMOND et al v. ANTHEM, INC. et al

Filing 442

MARGINAL ENTRY re 441 MOTION to Seal Document (See Entry). Signed by Magistrate Judge Tim A. Baker on 6/22/2011.(SWM)

Case 1:05-cv-01908-TWP-TAB Document 441

Filed 06/20/11 Page 1 of 4 PageID #: 15708

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

MARY ORMOND, et al.,
On Behalf of Themselves and
All Others Similarly Situated,
Plaintiffs,
vs.
ANTHEM, INC., et al.,
Defendants.
_______________________________________
JEFFREY D. JORLING,
On Behalf of Himself and
All Others Similarly Situated,
Plaintiffs,
vs.
ANTHEM, INC., et al.,

Case No. 1:05-cv-1908-TWP-TAB
As stated recently in the related case 09-798 [Docket No.
172], a review of the exhibits sought to be filed under
Case No. 1:05-cv-01908-TWP-TAB
seal suggests that many of the documents sought to be
sealed by the instant motion may not be properly sealed.
In fact, in this case it is difficult for the Court to discern
why any of these documents should be sealed,
irrespective of the confidentiality designation and
protective order. For example, a portion of Exhibit 8
references deposition testimony setting forth Webster's
Dictionary's definition of the word "authoritative." That
definition, of course, is readily available public
information, rather than something so highly confidential
that it must be sealed from public view. Accordingly, any
party that seeks to have any documents subject to this
motion remain under seal shall show cause by July 6,
2011, why the documents should not be unsealed.
Tim A. Baker
Case No. 1:09-cv-00798-TWP-TAB
U.S. Magistrate Judge
June 22, 2011

Case No. 1:09-cv-798-TWP-TAB
Defendants.

MOTION FOR LEAVE TO FILE MATERIALS UNDER SEAL
Plaintiffs, Mary Ormond, et al. and Jeffrey D. Jorling, respectfully submit their
Motion for Leave to File Materials Under Seal, and state as follows:
1.

Counsel for Plaintiffs and Defendants filed a Joint Motion for Protective

Order on July 2, 2010. Docket #60.
2.

On June 20, 2011, contemporaneous with this filing, Plaintiffs filed a

Reply in Support of their Motion for Partial Summary Judgment.

The evidentiary

materials relied upon by Plaintiffs that Plaintiffs seek to file under seal have been
designated as “Confidential” according to the terms of the Agreed Protective Order.
3.

The sealed materials are being filed contemporaneously herewith as

Plaintiffs’ Designation of Sealed Evidence in Support of their Motion for Partial
Summary Judgment.
WHEREFORE, Plaintiffs respectfully request that the Court accept for filing
under seal Plaintiffs’ Designation of Sealed Exhibits in support of their Motion for Partial
Summary Judgment.
Respectfully submitted,
/s/ Eric H. Zagrans
Eric H. Zagrans
ZAGRANS LAW FIRM LLC
24500 Chagrin Blvd., Suite 200
Cleveland, OH 44122
[phone] (telephone)
[e-mail] (e-mail)
and
Edward O. DeLaney (4466-49)
Kathleen A. DeLaney (18604-49)
DELANEY & DELANEY LLC
3646 N. Washington Boulevard
Indianapolis, Indiana 46205
[phone] (telephone)
[e-mail] (e-mail)
[e-mail] (e-mail)
and
Michael F. Becker
BECKER LAW FIRM L.P.A.
134 Middle Avenue
Elyria, Ohio 44035
[phone] (telephone)

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[e-mail] (e-mail)
and
Dennis P. Barron
582 Torrence Lane
Cincinnati, Ohio 45208
[phone] (telephone)
[e-mail] (e-mail)
and
Lynn L. Sarko
T. David Copley
Cari C. Laufenberg
KELLER ROHRBACK L.L.P.
1201 Third Avenue, Suite 3200
Seattle, WA 98101-3052
[phone] (telephone)
[e-mail]
[e-mail]
[e-mail]
and
H. Laddie Montague
Todd S. Collins
Peter R. Kahana
BERGER & MONTAGUE, P.C.
1622 Locust Street
Philadelphia, PA 19103-6365
[phone] (telephone)
[e-mail] (e-mail)
[e-mail] (e-mail)
[e-mail] (e-mail)
Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE
I hereby certify that the foregoing was filed electronically on June 20, 2011.
Notice of this filing will be sent by operation of the Court’s electronic filing system to the
following parties who may access this filing through the Court’s system:
Christopher G. Scanlon
([e-mail])
Paul A. Wolfla
([e-mail])
Craig A. Hoover
([e-mail])
Peter R. Bisio
([e-mail])
Adam K. Levin
([e-mail])
Attorneys for Defendants
/s/ Eric H. Zagrans
Eric H. Zagrans

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