Walfish v. Northwestern Mutual Life Insurance Company et al

Filing 141

ORDER granting 134 CONSENT LETTER MOTION to Seal Certain Briefing and Exhibits Related to Defendants' Motion in Limine addressed to Judge Sidney H. Stein from Sean P. Lynch dated 02/12/2021. Document filed by Matthew J. Holleran, Northwestern Mutual Investment Services, LLC, Northwestern Mutual Life Insurance Company. Defendants' request granted. So ordered. (Signed by Judge Sidney H. Stein on 2/16/2021) (rjm)

Case 1:16-cv-05534-SHS Document 141 Filed 02/16/21 Page 1 of 14

Morgan Lewis
Sean P. Lynch

Of Counsel
+1.609.919.6611
[e-mail]

MEMO ENDORSED

February 12, 2021
VIA ECF
Hon Sidney H. Stein, U.S.D.J.
United States District Court
Southern District of New York
500 Pearl Street
New York, NY 10007
Re:

Walfish v. Northwestern Mutual et al.. No. 1:16-cv-05534

Dear Judge Stein:
This firm represents Defendants Northwestern Mutual Life Insurance Company and Matthew
Holleran (collectively, "Defendants'') in the above-referenced action. We write, with the consent of
Plaintiff and pursuant to Your Honor's Individual Practices and the Southern District of New York
Sealed Records Filing Instructions on the Court's website, to seek leave to file under seal certain
briefing and accompanying exhibits in support of Defendants' Motion In Limine to exclude the
expert report and preclude the testimony of Steven J. Shapiro, Ph.D., which is being filed today,
February 12, 2021.
In support of Defendants' motion, we will be submitting to the Court certain documents that
contain "sensitive information," as defined by the Electronic Case Filing Rules & Instructions for
this District, and/or which have been designated as "Confidential," pursuant to the Discovery
Confidentiality Order that was entered in the related case, Walfish et al. v. Northwestern Mutual
Life Insurance Company, et al, D.N.J. 16-cv-4981 (WJM) (MF), but which the parties have
agreed governs documents produced in this and the related case. A copy of the Discovery
Confidentiality Order is enclosed. The documents at issue include excerpts of deposition
transcripts and expert reports which contain Plaintiff's compensation information, as well as
sensitive information of Northwestern clients not a party to this action, relating to certain insurance
policies and values.
In light of the sensitive and confidential nature of the materials at issue, Defendants respectfully
request that the Court grant them leave to file these exhibits and any corresponding portions of
Defendants' brief referencing the confidential information under seal in accordance with the
applicable Local Rules.

Morgan, Lewis & Bockius
502 Carnegie Center
Princeton, NJ 08540-6241
United States

LLP

0 +1.609.919.6600
0 +1.609.919.6701

A Pennsylvania Limited Liability Partnership I Steven M. Cohen, Partner-in-Charge

Case 1:16-cv-05534-SHS Document 141 Filed 02/16/21 Page 2 of 14

Hon Sidney H. Stein, U.S.D.J.
February 12, 2021
Page 2
We thank the Court for its consideration of this request.
Respectfully submitted,

/s/ Sean P. Lynch
Sean P. Lynch
cc: All counsel of record

Defendants' request granted.
Dated: New York, New York
February 16, 2021

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