Ameriprise Captive Ins. Co. v. Audatex N. Am., Inc.

Background

American Family Mutual Holding Company and American Family Connect Insurance Company were nonparty recipients of subpoenas in this litigation. After an American Family witness gave a deposition, American Family designated portions of the testimony as confidential. It later narrowed that designation to four transcript lines consisting of one question and the answer.

The disputed testimony concerned American Family’s initial assessment of the risk posed by litigation. American Family argued that disclosure could prejudice it and its affiliates in future litigation because the applicable limitations period had not expired and a prior release did not cover all American Family affiliates. It also argued that the information was historical and had little importance to the current case.

Court’s Analysis

The court applied the common-law right of public access to judicial documents. That right creates a presumption that judicial documents should be available to the public, but the presumption can be overcome when competing interests, including the interests of innocent third parties, support confidentiality.

The court concluded that American Family’s confidentiality interests outweighed the presumption of public access. The court specifically relied on the fact that the information concerned a nonparty’s early appraisal of litigation and that the information had limited value in the current litigation.

Ruling

Judge Rochon ordered that the portion of Audatex’s pre-motion letter referencing American Family’s early appraisal of the litigation remain under seal. The court directed Audatex to refile its pre-motion letter, Dkt. 93, with appropriate redactions. The clerk was requested to terminate the motions at Dkts. 92 and 98.