Volino v. Progressive Casualty Insurance Company

Background

The plaintiffs sought permission to file under seal a renewed letter asking for a pre-motion conference concerning a proposed motion for class certification. The letter referred to information that Progressive Advanced Insurance Company, Progressive Max Insurance Company, and Progressive Casualty Insurance Company had designated confidential. It also referred to information designated confidential by Mitchell International, Inc., and J.D. Power & Associates. A redacted version was to be filed publicly, while the unredacted version would be filed under seal.

Court’s Analysis

The court assumed, for purposes of its analysis, that the pre-motion letter was a judicial document subject to a presumption of public access. It concluded that the presumption deserved relatively little weight because the redacted information was immaterial to the plaintiffs’ request. The court also stated that a stronger presumption of public access might apply if the information became material to the plaintiffs’ class-certification motion.

At this stage, the court determined that the defendants’ and third parties’ interests in protecting sensitive business information outweighed the public-access interest. The court further found that the redactions were narrowly limited to sensitive business information.

Disposition

The court granted the application. It directed the Clerk of Court to maintain the document at Docket No. 155 under seal, with viewing privileges limited to the parties and the individuals listed in Appendix 1. It also directed the Clerk to close the motion at Docket No. 153. Judge Lorna G. Schofield did not decide whether a class should be certified.