Hall v. Mutual of Omaha Insurance Company

Filing 16

ORDER granting 15 Motion to Seal. Signed by Magistrate Judge Jane M. Virden on 10/20/16. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

ARLISON L. HALL
V.

PLAINTIFF
CIVIL ACTION NO. 4:16-CV-160-DMB-JMV

MUTUAL OF OMAHA INSURANCE
COMPANY

DEFENDANT

ORDER GRANTING UNOPPOSED MOTION TO FILE
ADMINISTRATIVE RECORD UNDER SEAL [DKT. #15]
Came on for hearing this day on Mutual of Omaha Insurance Company’s Unopposed
Motion to File Administrative Record under Seal [Dkt. #15], and the Court having reviewed the
motion and being fully advised on the premises, and being further advised that Plaintiff does not
oppose this motion,1 finds that, pursuant to L.U.Civ.R. 79 and for the reasons set forth in the
motion, due to the protected and confidential nature of the medical information contained in the
Administrative Record and the voluminous size of the Administrative Record, Mutual’s request
to file the Administrative Record under seal is supported by clear and compelling reasons to
protect against disclosure of sensitive and confidential medical information and is narrowly
tailored to serve such interests.
Accordingly, this Court grants the motion and orders that Mutual shall be allowed to file
the Administrative Record conventionally under seal with a copy of the Administrative Record

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Plaintiff does not oppose the motion with the following statement, “By agreeing to and not objecting to
this motion, plaintiff does not waive any rights to argue and present to the court any issue concerning
incompleteness of the administrative record, failure to abide by ERISA procedures and conflict of
interest, if any, on part of the defendant arising from the fact that it is both decider of disability and payor
thereof nor does plaintiff waive any right to seek from the court discovery on these issues.”

to be provided to the district judge, and that the Administrative Record shall remain under seal
until the Court orders otherwise.

IT IS SO ORDERED, this 20th day of October, 2016.

/s/ Jane M. Virden ___________________
UNITED STATES MAGISTRATE JUDGE

SUBMTTED BY:

/s/ Kevin A. Rogers
Kelly D. Simpkins
Kevin A. Rogers
Wells Marble & Hurst, PLLC
300 Concourse Blvd. Suite 200
Ridgeland, MS 39157
601-605-6900
[e-mail]
Attorneys for Defendant Mutual of Omaha Insurance Company

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