Leonard et al v. John Hancock Life Insurance Company of New York et al

Filing 97

MEMO ENDORSED ORDER denying 90 Motion for to Maintain Confidential Settlement Material Under Seal. ENDORSEMENT: Defendants' motion to seal is denied. No privacy interest is advanced. Thus, the settling non-party does not join the motion. Defendants' argument that disclosure will hinder its ability to settle is speculative. (Signed by Judge Alvin K. Hellerstein on 12/5/19) (yv)

"t'r::::====4 04994-AKH
USDC SDNY
Case 1:18-c

Document 90 Filed 11/19/19 Page 1 of 2

DOCUMENT
ELECTRONICALL y FILED
DOC #: _ _ _=--t:-r;-n-DATE FILED:~\~4-1.--r-=-

UNITED STATES DISTRICT COURT

JEFFREY LEONARD, IN HIS CAPACITY AS
TRUSTEE OF THE POPLAWSKI 2008
INSURANCE TRUST; PHILLIS POPLAWSKI;
and PBR PARTNERS, on behalf of themselves
and all others similarly situated
Plaintiffs,
vs.
JOHN HANCOCK LIFE INSURANCE
COMPANY OF NEW YORK and JOHN
HANCOCK LIFE INSURANCE COMPANY
(U.S.A.)
Defendants.

Pursuant to Paragraph 12 of the November 13, 2018 Court-approved Stipulated
Confidentiality Agreement and Protective Order (the "Protective Order"), Defendants John
Hancock Life Insurance Company of New York and John Hancock Life Insurance Company
(USA) (together, "John Hancock") hereby move to maintain under seal redacted portions of the
Parties' November 8, 2019 joint discovery letter, Dkt. No. 81, and the attached exhibit, Dkt. No.
81-1 (the "Confidential Settlement Material").
Maintaining the Confidential Settlement Material under seal "is essential to preserve higher
values and is narrowly tailored to serve that interest." Bernstein v. Bernstein Litowitz Berger &
Grossmann LLP, 814 F.3d 132, 144 (2d Cir. 2016) (internal quotation mark omitted); see also
Individual Rules of Honorable Alvin K. Hellerstein, Rule 4(A). The weak presumption of public
access that attaches to documents filed in connection with discovery motions, like the Confidential
Settlement Material, is outweighed in this case by substantial interests in (1) promoting the
1

Case 1:18-cv-04994-AKH Document 90 Filed 11/19/19 Page 2 of 2

confidentiality of settlement negotiations and any resulting agreements in order to facilitate
settlement; and (2) protecting a non-party's privacy interests. John Hancock's request to maintain
the Confidential Settlement Material under seal is narrowly tailored because it is no broader than
necessary to safeguard those interests.
John Hancock therefore respectfully requests that the Court maintain under seal the
redacted portions of the Parties' joint discovery letter, Dkt. No. 81, and the attached exhibit, Dkt.
No. 81-1.
Respectfully,
Dated: November 19, 2019

Isl Andrea J. Robinson
Andrea J. Robinson
Robert K. Smith (admitted pro hac vice)
WILMER CUTLER PICKERING HALE AND DORR LLP

60 State Street
Boston, MA 02109 USA
Tel.: [phone]
Fax: [phone]
Alan B. Vickery
John F. LaSalle III
BOIES SCHILLER FLEXNER LLP

575 Lexington Ave.
New York, NY 10022
Tel.: [phone]
Fax: [phone]
Motty Shulman
BOIES SCHILLER FLEXNER LLP

333 Main Street
Armonk, NY 10504
Tel.: [phone]
Fax: [phone]
Attorneys for John Hancock Life Insurance Company
ofNew York and John Hancock Life Insurance
Company (US.A.)

2

Judge wrote:
"Defendants' motion to seal is denied. No privacy interest is advanced.
Thus, the settling non-party does not join the motion. Defendants'
argument that disclosure will hinder its ability to settle is speculative.

12-5-19
Alvin K. Hellerstein"