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S.D.N.Y.Procedural orderFiled May 16, 2022

Blue Cross Blue Shield Association National Employee Benefits Committee v…

Full caption

Blue Cross Blue Shield Association National Employee Benefits Committee v. Allianz Global Investors U.S. LLC

Judge
Katherine Failla
Docket
1:20-cv-07606
Court
U.S. District Court · Southern District of New York
Pages
3
Civil ProcedureDiscovery
In one sentence

In Blue Cross Blue Shield Association v. Allianz Global Investors, Judge Failla granted Aon permission to redact its counterclaim and file certain exhibits under seal.

Who this affects

Aon Investments USA Inc. may file a redacted counterclaim and certain exhibits under seal. The ruling also concerns confidential materials designated by the National Employee Benefits Committee, Allianz Global Investors U.S. LLC, and a third party.

What happened

In Blue Cross & Blue Shield Association National Employee Benefits Committee v. Allianz Global Investors U.S. LLC, Aon filed a counterclaim and asked to redact parts of it and seal certain exhibits.

Aon said the materials had been designated confidential under the parties’ protective order and included sensitive information about actual or potential third parties’ investments. It argued that the proposed redactions were limited and that the remaining text would inform the public about the dispute.

Judge Katherine Polk Failla granted the application. She allowed Aon to file a redacted counterclaim and certain exhibits under seal, and directed the Clerk of Court to terminate the pending motion at docket entry 194.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Blue Cross Blue Shield Association National Employee Benefits Committee v… · No. 1:20-cv-07606
Judge
Katherine Failla
Date
May 16, 2022

Background

Aon Investments USA Inc. filed a counterclaim against the Blue Cross and Blue Shield Association National Employee Benefits Committee. In connection with that counterclaim, Aon asked for permission to submit a redacted version of the counterclaim and to file Exhibits A–C and E–R under seal.

Aon relied on the parties’ stipulated amended protective order and Judge Failla’s individual rules. The protective order allowed parties to designate certain discovery materials as confidential or highly confidential and required protected material submitted to the court to be redacted or filed under seal to the extent permitted by the applicable rules.

Arguments for Sealing

Aon stated that the proposed redactions were narrowly tailored and that the unredacted portions would provide enough information for the public to understand the nature, scope, and facts of the dispute. Aon also stated that the exhibits had been designated confidential by the National Employee Benefits Committee, Allianz Global Investors U.S. LLC, and a third party, and that they contained significant information about actual or potential third parties’ investments.

Ruling

Judge Katherine Polk Failla granted the application. The court allowed Aon to file a redacted version of its counterclaim and certain exhibits under seal. The Clerk of Court was directed to terminate the pending motion at docket entry 194. The opinion did not decide the underlying claims or counterclaim.

The authoritative version

Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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