Rappaport v. Guardian Life Insurance Company of America

Background

Jason Rappaport filed a letter motion asking to submit under seal documents that Guardian Life Insurance Company of America had marked confidential. The documents were attached to materials supporting Rappaport’s proposed findings of fact and conclusions of law and accompanying legal memorandum for the underlying bench trial.

Rappaport stated that he did not object to the documents being filed under seal, but disputed that Guardian had made a sufficient showing to overcome the presumption that judicial documents should be publicly accessible. Rappaport also disputed any argument that the documents were irrelevant or should not be considered because they were outside the administrative record. According to the letter, the documents concerned whether K-1 earnings are included in insured earnings and were not provided to Rappaport until after Guardian issued its final decision on appeal and remand.

Court’s Action

The court temporarily granted the motion to seal. It stated that it would reassess whether the materials should remain sealed when deciding the issues presented in the underlying bench trial. The court directed the Clerk of Court to terminate the motion at Docket 126. The order does not state the final disposition of the sealing question or the underlying insurance dispute.