Thor Equities, LLC v. Factory Mutual Insurance Company

Background

The Court reviewed the parties’ pre-motion letters concerning anticipated cross-motions for summary judgment. The parties also contemplated motions to exclude expert testimony, which Judge Gorenstein was expected to resolve.

Rulings on the anticipated summary-judgment motions

The Court denied the parties’ requests concerning the anticipated cross-motions for summary judgment without prejudice to renewal. The parties could renew those requests within ten days after Judge Gorenstein resolved the contemplated motions to exclude expert testimony. This order did not decide the merits of the anticipated summary-judgment motions.

Sealing request

Factory Mutual asked to file its pre-motion letter under seal. The Court denied that request because the only stated basis was that some information was covered by the parties’ confidentiality agreement and protective order. The Court stated that an agreement to keep information confidential, without specific reasons showing why public access should yield, was not enough to justify blanket sealing.

Factory Mutual was required to file, by May 9, 2022, a letter explaining the basis for sealing under the Court’s individual practices. If it did not do so, the Clerk of Court was directed to unseal the document filed at ECF No. 111. The Clerk was also directed to terminate the motion at ECF No. 110.

Disposition

Judge Analisa Torres denied the requests concerning the anticipated cross-motions for summary judgment without prejudice to renewal and denied Factory Mutual’s request to file its pre-motion letter under seal.