TDC National Assurance Company v. Marsh USA, LLC f/k/a Marsh USA Inc.

Background

TDC National Assurance Company, the petitioner, asked to seal portions of its Reply supporting its petition to enforce an arbitration subpoena, portions of a supporting declaration, and an arbitration-panel ruling attached as an exhibit. TDC said the materials contained confidential arbitration information covered by a confidentiality agreement. The proposed confidential information included nonpublic facts, TDC’s views about its legal defenses in the arbitration, descriptions and quotations from panel rulings, and arbitration-related procedural matters.

The filing stated that the underlying petition concerned whether an arbitration panel’s subpoena seeking trial testimony from a corporate representative of a third party was enforceable. TDC did not oppose the position that the confidential information was not necessary for the court to decide that petition.

Court’s Analysis and Ruling

The court stated that it had considered the reasons given in an earlier sealing application and found that the presumption of public access had been overcome. It reviewed the proposed redactions and found them appropriately tailored. The court granted the application, authorized the petitioner to file its Reply under seal, and directed the Clerk of Court to terminate docket entry 23.

The order does not expressly describe separate dispositions for every item listed in TDC’s request beyond granting the application and authorizing the Reply to be filed under seal. It addressed sealing and public access, not the merits of the arbitration-subpoena petition.

Disposition

Application granted. Judge J. Dale E. Ho signed the order dated October 14, 2025.