Mader v. Experian Information Soultions, LLC
- Lorna Schofield
- 1:19-cv-03787
- U.S. District Court · Southern District of New York
- 4
In Mader v. Experian, Judge Schofield granted Mader’s motion to seal three exhibits and limited access to five named people or entities.
Michael Mader, Navient Solutions, LLC, Experian Information Solutions, LLC, the five people or entities listed as having access to the sealed materials, and the public’s access to Exhibits 3, 4, and 16.
What happened
In Mader v. Experian Information Solutions, LLC, Michael Mader asked to file three exhibits under seal in connection with his opposition to Experian’s summary-judgment motion.
The exhibits contained Navient’s policy about whether private student loans can be discharged in bankruptcy, Patricia Peterson’s sworn deposition testimony, and a document showing how Navient reported Mader’s account to Experian. Mader said the materials contained Navient’s confidential business information.
Judge Lorna G. Schofield granted the request to file Exhibits 3, 4, and 16 under seal. The order limited access to Michael Mader, Adam Reese Shaw, Austin Connell Smith, Experian Information Solutions, Inc., and Kerianne Tobitsch.
The detailed version
- Mader v. Experian Information Soultions, LLC · No. 1:19-cv-03787
- Lorna Schofield
- Mar. 20, 2020
Background
Michael Mader moved under the court’s individual rules for permission to file three exhibits under seal as part of his opposition to the defendants’ motion for summary judgment. The documents had been produced by non-party Navient Solutions, LLC in response to Mader’s subpoena and had been designated confidential by Navient.
Documents at Issue
The requested sealed materials were:
- Exhibit 3, a copy of Navient’s policy for determining whether a private student loan is dischargeable in bankruptcy;
- Exhibit 4, a copy of Patricia Peterson’s sworn deposition testimony; and
- Exhibit 16, document NAV-MADER01-000237, which reflected how Navient reported Mader’s account to Experian.
Mader argued that the documents contained confidential business information about Navient’s practices for reporting private student loans to non-Title IV schools. His motion discussed the public-access presumption for judicial documents and the protection available for confidential commercial information.
Ruling
After reviewing the relevant materials, Judge Lorna G. Schofield granted Mader’s request to file Exhibits 3, 4, and 16 under seal for substantially the reasons stated in the motion. The order stated that only Michael Mader, Adam Reese Shaw, Austin Connell Smith, Experian Information Solutions, Inc., and Kerianne Tobitsch could access the materials. The caption names the defendant as Experian Information Solutions, LLC, while the access list in the order uses Experian Information Solutions, Inc.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.