Blue Cross Blue Shield Association National Employee Benefits Committee v…

Background

The order addressed defendant Aon Investments USA Inc.’s request concerning materials connected to a discovery dispute. The dispute involved the plaintiff’s refusal to apply specified search terms to files belonging to ten priority custodians, as required by an earlier court order.

Aon asked for permission to file its pre-conference letter with redactions. It also asked to file Exhibits 4 and 10 with redactions and Exhibits 6 through 9 under seal. The materials included excerpts from documents produced by the plaintiff, as well as excerpts from a document produced by BlueCross and BlueShield of Vermont. The producing parties had designated the materials as confidential.

Court’s Analysis

The parties’ stipulated amended protective order required protected material submitted to the court in connection with pretrial proceedings to be filed in redacted form or under seal to the extent permitted by the court’s rules and Judge Failla’s practices. The order also noted that the usual presumption of public access carried only modest weight because the materials were submitted in connection with a discovery motion, not a motion deciding the parties’ claims, and because resolving the discovery motion did not require analysis of the merits of those claims or defenses.

Ruling

Judge Katherine Polk Failla granted Aon’s application. The court permitted Aon to file the specified materials either in redacted form or under seal. The clerk was directed to terminate the pending motion at docket entry 168.