BCBSM, Inc. v. GS Labs, LLC

Background

BCBSM, Inc., doing business as Blue Cross and Blue Shield of Minnesota, filed Exhibit F under temporary seal in support of its motion to dismiss GS Labs, LLC’s counterclaims. Exhibit F contained standard anti-assignment and administrative-appeals language used in BCBSM’s self-insured plans. BCBSM argued that the exhibit contained confidential and proprietary business information about the terms and operations of those plans. GS Labs did not oppose continued sealing at that time.

Court’s analysis

The court explained that judicial records generally carry a common-law right of public access, but that right is not absolute. The court must balance public access against legitimate confidentiality interests. The court accepted BCBSM’s contention that Exhibit F contained confidential and proprietary information. It also found that targeted redactions were not feasible and that GS Labs did not currently oppose continued sealing. On that basis, the court found that the need for confidentiality outweighed the public’s interest in accessing the information at that time.

Ruling

Judge Dulce J. Foster granted the parties’ Joint Motion Regarding Continued Sealing of Documents under Local Rule 5.6 and directed the clerk to keep Exhibit F to the declaration of Geoffrey H. Kozen sealed.