Bryce Corp. v. XL Insurance America, Inc.

Background

The court addressed letter applications to seal materials filed in connection with Bryce Corporation’s motion for partial summary judgment and XL Insurance America, Inc.’s cross-motion for partial summary judgment. XL’s response was also treated as a letter motion to seal at docket entry 143.

Parties’ Positions

XL requested that the court keep under seal Exhibits A–E, G, and K to the Declaration of John N. Ellison, Bryce’s Response to XL’s Local Rule 56.1 Statement of Facts at docket entry 140, and Bryce’s reply and opposition brief at docket entry 141. XL said these materials contained confidential, sensitive, and proprietary business information, including information designated confidential under the parties’ confidentiality stipulation and protective order. XL also said that portions of the Bryce filings quoted from the exhibits or from materials the court had already sealed.

The filing states that Bryce and XL agreed that Exhibits D and E, docket entries 140 and 141, should be sealed. XL took no position on Bryce’s request to seal Exhibits F, H, I, and J.

Legal Standard

The court referred to the Second Circuit’s three-step test for sealing requests. That test asks whether the material is a judicial document, determines the strength of the public-access presumption, and balances that presumption against interests favoring confidentiality. XL acknowledged that the materials were judicial documents and that materials submitted with summary-judgment motions carry a presumption of public access.

Ruling

Judge Failla granted both Plaintiff’s and Defendant’s applications to seal. She directed Bryce to refile the Declaration of John N. Ellison, docket entry 142, with Exhibits A–K under seal. She directed the Clerk of Court to maintain docket entries 140 and 141 under seal and to terminate the pending motion at docket entry 139.