In re Omnicom Group. Inc. ERISA Litigation

Background

The provided text is a November 21, 2022 letter from plaintiffs’ counsel to Judge Colleen McMahon. It concerns plaintiffs’ oppositions to defendants’ motion for summary judgment and motions to exclude plaintiffs’ experts. The letter identifies the plaintiffs as Shane Tepper, Surfina Adams, Michael Mensack, Carol Maisonette, and Daniel Dise. Counsel also states that the firm represents the Plan and the Class.

Defendants had asked to file a substantial amount of exhibits and some briefing under seal. The court had previously allowed defendants to file those materials under seal temporarily and directed defendants to later explain why each exhibit and each reference in a brief or affidavit should remain protected.

Request

Plaintiffs’ oppositions and supporting materials referred to or attached documents that defendants had labeled “Confidential” under the stipulated protective order. Plaintiffs said they generally did not believe the designated information deserved confidential treatment, but they asked to file the materials under seal temporarily as a precaution while the court decided whether the designations justified continued sealing.

The letter relied on the presumption that judicial documents should be publicly accessible, balanced against the material’s role in the case and the value of disclosure. It also stated that the protective order covered proprietary business information and other competitively sensitive information. Plaintiffs’ counsel said unredacted courtesy copies would be delivered to the court and that redacted and unredacted versions would be filed.

Disposition

The provided text does not contain a court order or ruling. It therefore does not show that Judge McMahon granted, denied, or otherwise resolved plaintiffs’ request. It only records plaintiffs’ counsel’s request for temporary sealing and redaction.