Berkley Assurance Company v. Hunt Construction Group, Inc.

Background

Berkley Assurance Company filed a letter motion asking for permission to file certain exhibits under seal. A sealed filing is a document kept from public view. The exhibits supported Berkley’s summary judgment motion, which sought a decision without a trial based on the submitted evidence.

The documents had been produced or generated during discovery and designated confidential under a Joint Confidentiality Agreement and Order entered September 6, 2019. Berkley acknowledged that a confidentiality agreement alone does not automatically justify sealing court records. It argued that the documents contained private business communications and information, including revenue figures, construction-cost information, a private insurance policy, claim notes, and deposition testimony concerning sensitive business and financial matters.

Requested Materials

Berkley sought to seal Exhibits G through N and Q through S to John G. O’Neill’s November 12, 2019 declaration. The listed materials included Hunt’s insurance-coverage application; deposition transcript excerpts; communications between Hunt and Alberici Constructors, Inc., doing business as Hillsdale Fabricators; an endorsement extending the policy period; Hunt’s claim-related materials; Berkley’s claim notes; and additional deposition transcript excerpts.

Berkley stated that Hunt had produced some of the documents and had designated them confidential. Berkley asked the court to give Hunt an appropriate opportunity to make a further submission explaining why the documents should remain sealed.

Ruling

Judge Jesse M. Furman temporarily granted the motion. The court stated that it would decide whether to keep the materials under seal when deciding the underlying motion. Thus, the ruling did not make a final determination that the documents would remain sealed. The court directed the clerk to terminate ECF No. 71.