Blue Cross Blue Shield Association National Employee Benefits Committee v. Allianz Global Investors U.S. LLC et al

Filing 177

ORDER granting #173 Letter Motion to Seal. Application GRANTED. Defendant shall be permitted to file redacted versions of the above-specified documents on the public docket. The Clerk of Court is directed to terminate the pending motion at docket entry 173. (Signed by Judge Katherine Polk Failla on 5/6/2022) (ate)

Case 1:20-cv-07606-KPF Document 177 Filed 05/06/22 Page 1 of 2

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May 5, 2022
VIA ECF

MEMO ENDORSED

The Honorable Katherine Polk Failla, USDJ
United States District Court for the Southern District of New York
40 Foley Square, New York, New York 10007
Re:

Blue Cross & Blue Shield Assoc. Nat’l Emp. Benefits Committee v. Allianz Global Investors
U.S. LLC et al., 20-cv-7606 (KPF)

Dear Judge Failla:
In connection with the pre-conference letter filed on May 5, 2022 by Defendant Aon
Investments USA Inc. (“Aon”) concerning Aon’s requests that the Court extend the deadline for
completion of fact discovery and grant Aon leave to take additional depositions, Aon respectfully
requests leave to submit a redacted version of the pre-conference letter and certain exhibits to
that letter, and to file certain additional exhibits to that letter under seal pursuant to Section IX of
the Stipulated Amended Protective Order (the “Protective Order,” Dkt. 79) and Rule 9(B) and
(C) of the Court’s Individual Rules of Practice in Civil Cases. Specifically, Aon seeks to leave
to submit a redacted version of the following exhibits, each filed in connection with Aon’s preconference letter:
Exhibit 2: May 4, 2022 letter from Aon to Plaintiff Blue Cross and Blue Shield
Association National Employee Benefits Committee (“NEBC”), which includes
discussions of information contained in documents produced by Allianz Global Investors
U.S. LLC (“Allianz”).
Exhibit 5: April 26, 2022 letter from NEBC to Aon, which includes excerpts from the
depositions of John Quinn and Christopher Walvoord and summaries of two documents
that Allianz Global Investors U.S. LLC (“Allianz”) produced. These summaries come
from documents with Bates numbers AllianzGIUS-SA-00157355, -00157356, 02734153, and -02734154.
Exhibit 9: April 27, 2022 letter from Aon to NEBC, which references confidential
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Case 1:20-cv-07606-KPF Document 177 Filed 05/06/22 Page 2 of 2

discussions between the parties.
Exhibit 11: May 4, 2022 email from Aon to Allianz, which includes discussions of
information contained in documents produced by Allianz.
Exhibit 12: April 29, 2022 letter from NEBC to Aon, which references confidential
discussions between the parties.
The attached pre-conference letter and Exhibits 2, 5, 9, 11, and 12 include or discuss
material that has been designated Confidential under the Protective Order in this case. The
Protective Order permits the parties to designate certain categories of sensitive information
produced in the course of discovery as “Confidential” or, in the case of extremely sensitive
information, “Highly Confidential,” with all such material referred to collectively as “Protected
Material.” Protective Order § 4. The Protective Order requires that “A Party or Non-Party
submitting any Protected Material to the Court in the Related Actions (whether in support of a
pleading or motion, at a hearing, or in connection with any other pre-trial proceeding) must file
the Protected Material in redacted form or under seal to the full extent permitted by the Local
Rules of the U.S. District Court for the Southern District of New York and Judge Failla’s
Individual Practices in Civil Cases.” Id. § IX.A.
The ordinary “presumption of access is entitled only to modest weight” here, “because
the documents at issue were submitted in connection with a motion to compel discovery, rather
than a dispositive motion, and because resolution of that discovery motion does not require the
Court to analyze the merits of the parties' claims or defenses.” Royal Park Invs. SA/NV v.
Deutsche Bank Nat'l Tr. Co., 2016 WL 7188795, at *2 (S.D.N.Y. Dec. 7, 2016) (citations
omitted).
Accordingly, Aon requests leave to file the pre-conference letter and Exhibits 2, 5, 9, 11,
and 12 with redactions.
Respectfully submitted,
/s/ Julia M. Beskin
Julia M. Beskin
cc:
Counsel for Plaintiff (by ECF)
Application GRANTED. Defendant shall be permitted to file redacted
versions of the above-specified documents on the public docket. The Clerk
of Court is directed to terminate the pending motion at docket entry 173.
Dated:

May 6, 2022
New York, New York

SO ORDERED.

2

HON. KATHERINE POLK FAILLA
UNITED STATES DISTRICT JUDGE