Federal Deposit Insurance Corporation v. Arch Insurance Company et al

Filing 162

ORDER granting defendants' 102 Motion to Seal Exhibits in Support of Arch's Motion for Summary Judgment, by Judge Robert S. Lasnik.(SWT)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 FEDERAL DEPOSIT INSURANCE CORPORATION as Receiver for Washington Mutual Bank, No. C14-545RSL Plaintiff, 11 12 13 14 v. ARCH INSURANCE COMPANY, et al., Defendants. ORDER GRANTING DEFENDANTS’ MOTION TO SUBMIT EXHIBITS UNDER SEAL AND REQUEST FOR INSTRUCTIONS ON REDACTION OF EXHIBITS 15 16 This matter comes before the Court on the defendants’ “Motion to Submit Exhibits Under 17 Seal in Support of Arch’s Motion for Summary Judgment, and Request for Instructions on 18 Redaction of Exhibits.” Dkt. # 102. Having reviewed the parties’ briefing, declarations, 19 exhibits, and the remainder of the record, the Court finds as follows. 20 In this case, plaintiff Federal Deposit Insurance Corporation, as Receiver for Washington 21 Mutual Bank (“FDIC-R”), sues various insurance companies for refusing to cover certain losses 22 under fidelity bond insurance policies held by Washington Mutual Bank (“WaMu”). FDIC-R 23 alleges that WaMu suffered these losses as a result of a criminal mortgage fraud scheme 24 perpetrated on WaMu by two of its lenders. In support of its motion for summary judgment, 25 Dkt. # 97, defendant Arch Insurance Company (“Arch”) has filed a number of exhibits under 26 seal, as those documents have been designated “confidential” by FDIC-R under the terms of the 27 28 ORDER GRANTING DEFENDANTS’ MOTION TO SEAL AND REQUEST FOR INSTRUCTIONS - 1 1 stipulated protective order entered by this Court. Dkt. # 58. Defendants seek an order 2 permitting those documents to be submitted under seal per Local Civil Rule 5(g)(2)(B), as well 3 as instructions from the Court regarding the extent of redactions necessary so that those 4 documents may be filed in an unsealed, redacted form. Defendants have conferred with FDIC-R 5 on this issue and have agreed to redact the information specified in Local Civil Rule 5.2(a). 6 FDIC-R responds that defendants should be required to redact additional material, namely all 7 Personally Identifiable Information protected from disclosure by the Privacy Act, 5 U.S.C. 8 § 552a(b). Dkt. # 132. Defendants argue that nearly all of this information has already been 9 disclosed in other legal proceedings and accordingly that redaction in this case is unnecessary. 10 This is a public court and its business should be conducted publicly unless there is a 11 specific reason to keep materials or testimony confidential. As stated in Local Civil Rule 5(g), 12 “[t]here is a strong presumption of public access to the court’s files.” Accordingly, the Court 13 will grant the relief specifically requested in defendant’s motion and order defendants to redact 14 the information listed in Local Civil Rule 5.2(a). If FDIC-R would like an order requiring 15 redaction of additional material, it may file a motion requesting – and providing sufficient 16 justification for – that relief. 17 18 For all of the foregoing reasons, defendants’ motion to submit exhibits under seal and 19 request for instructions (Dkt. # 102) is GRANTED as follows. The documents already filed 20 under seal shall remain sealed. Defendants shall file unsealed versions of those documents 21 within thirty days of the date of this order, redacting all information specified in Local Civil 22 Rule 5.2(a). All other documents filed in this case going forward shall also be redacted as 23 described above. 24 SO ORDERED this 23rd day of May, 2017. 25 Robert S. Lasnik United States District Judge 26 27 28 A ORDER GRANTING DEFENDANTS’ MOTION TO SEAL AND REQUEST FOR INSTRUCTIONS - 2

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