Volino v. Progressive Casualty Insurance Company et. al.

Filing 179

ORDER with respect to 170 Letter Motion to Seal. Pursuant to the Court's Individual Rule I.D.3, any party or non-party having an interest in maintaining under seal any of the material redacted or filed under seal shall file a letter in suppor t of that position by November 23, 2022. Plaintiffs shall serve a copy of this Order on third parties Mitchell and J.D. Power by November 21, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 11/18/2022) (mml) (Main Document 179 replaced on 11/21/2022) (mml).

Case 1:21-cv-06243-LGS Document 179 Filed 11/21/22 Page 1 of 4
Pursuant to the Court's Individual Rule I.D.3, any party or non-party having an interest in maintaining
under seal any of the material redacted or filed under seal shall file a letter in support of that position
by November 23, 2022.
Plaintiffs shall serve a copy of this Order on third parties Mitchell and J.D. Power by November 21,
2022.
So Ordered.
Dated: November 18, 2022
New Via
York,ECF
New York

November 17, 2022

The Honorable Lorna G. Schofield
United States District Court
Southern District of New York
500 Pearl Street, Room 1950
New York, NY 10007
Re:

Volino, et. al. v. Progressive Casualty Ins. Co., et al., No. 1:21-cv-06243-LGS

Dear Judge Schofield:
Pursuant to Rule I.D.3 of the Court’s Individual Rules of Practice, and the Stipulated
Protective Order entered on October 21, 2021, (ECF No. 45), as amended on January 25, 2022
(ECF No. 77), Plaintiffs respectfully request leave to file under seal Plaintiffs’ Motion for Class
Certification; portions of the Declaration and Expert Report of Jason Merritt; and Exhibits 1-2 &
4-12 to the Declaration of Hank Bates. The Motion and supporting materials reference and discuss
information that Defendants Progressive Advanced Insurance Company (“PAIC”), Progressive
Max Insurance Company (“PMIC”), Progressive Specialty Insurance Company (“PSIC”), and
Progressive Casualty Insurance Company (“PCIC”) (collectively “Defendants”) have designated
as confidential, as well as information that third parties Mitchell International, Inc. (“Mitchell”)
and J.D. Power have designated as confidential or highly confidential.
Pursuant to Rule I.D.3, and paragraph ten of the Stipulated Protective Order, a redacted
copy of the Motion will be publicly filed contemporaneously with this letter, along with a copy of
the unredacted Motion and supporting materials with highlighted redactions under seal.
Plaintiffs are redacting portions of the Motion and supporting materials to comply with
their obligations under the Stipulated Protective Order. These redactions do not reflect Plaintiffs’
position on whether those designations should stand under Second Circuit law.
Counsel for Plaintiffs conferred with Defendants’ counsel and counsel for Mitchell and
J.D. Power, all of whom agreed that their clients’ confidential documents and information should
be filed under seal.

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Case 1:21-cv-06243-LGS Document 179 Filed 11/21/22 Page 2 of 4

Respectfully submitted,

Hank Bates
cc: All Counsel of Record via ECF

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Case 1:21-cv-06243-LGS Document 179 Filed 11/21/22 Page 3 of 4

APPENDIX 1
Pursuant to Rule I.D(3), the following attorneys of record should have access to the sealed
letter-motion requesting a premotion conference on Plaintiffs’ motion for class certification:
Counsel for Plaintiffs

Counsel for Defendants

Jacob L. Phillips (Pro Hac Vice)
NORMAND PLLC
3165 McCrory Place, Suite 175
Orlando, FL 32803
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

Laura Elizabeth Harris
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

Hank Bates (Pro Hac Vice)
Tiffany Wyatt Oldham (Pro Hac Vice)
Lee Lowther (Pro Hac Vice)
Jake G. Windley (Pro Hac Vice)
CARNEY BATES & PULLIAM, PLLC
519 W. 7th Street
Little Rock, AR 72201
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Jeffrey Cashdan (Pro Hac Vice)
Allison Hill White (Pro Hac Vice)
James Matthew Brigman (Pro Hac Vice)
Zachary Andrew McEntyre (Pro Hac Vice)
KING & SPALDING LLP
1180 Peachtree Street NE, Suite 1700
Atlanta, GA 30309
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]

Mariam Grigorian (Pro Hac Vice)
SHAMIS & GENTILE, P.A.
14 NE 1st Avenue, Suite 705
Miami, FL 33132
Telephone: [phone]
Email: [e-mail]

Julia Constance Barrett (Pro Hac Vice)
KING & SPALDING LLP
500 W. 2nd Street, Suite 1800
Austin, TX 78701
Telephone: [phone]
Email: [e-mail]

Scott Adam Edelsberg (Pro Hac Vice)
Christopher Chagas Gold (Pro Hac Vice)
EDELSBERG LAW
20900 NE 30th Avenue, Suite 417
Aventura, FL 33180
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]

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Case 1:21-cv-06243-LGS Document 179 Filed 11/21/22 Page 4 of 4

Thomas M. Mullaney
LAW OFFICES OF THOMAS M.
MULLANEY
530 Fifth Avenue, 23rd Floor
New York, NY 10036
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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