Carfora v. Teachers Insurance Annuity Association of America

Background

TIAA and TIAA-CREF Individual & Institutional Services, LLC, together called “TIAA,” moved to permanently seal Exhibit 1 to a declaration supporting the plaintiffs’ opposition to TIAA’s motion to dismiss. The plaintiffs had filed the exhibit provisionally under seal, and the plaintiffs took no position on TIAA’s request.

Reasons for Sealing

TIAA said Exhibit 1 was an Excel spreadsheet containing information about the retirement plans of approximately 280 current or former clients. The information covered 11 years and included client identities, marketing-suppression selections and dates, recordkeeping structures, the status of TIAA’s relationships with clients, and TIAA’s internal client categorization and segmentation information.

TIAA argued that the exhibit contained confidential information belonging to TIAA and its clients. It asserted that public disclosure could harm client privacy, damage TIAA’s business relationships, and give competitors information they could use to target TIAA’s clients or learn about its marketing practices. TIAA relied on the presumption of public access to court documents and the recognized exceptions for privacy interests and competitively sensitive business information.

Ruling

Judge Katherine Polk Failla granted the application. The clerk was directed to maintain docket entries 112 and 115 under seal, viewable only by the court and the parties. The clerk was also directed to terminate the pending motion at docket entry 114.