RJ v. Cigna Behavioral Health, Inc. ( 2024 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 RJ, et al., Case No. 20-cv-02255-EJD 9 Plaintiffs, ORDER GRANTING STIPULATED ADMINISTRATIVE MOTION TO 10 v. SEAL 11 CIGNA HEALTH AND LIFE INSURANCE COMPANY, et al., Re: ECF Nos. 220, 221 12 Defendants. 13 14 On December 27, 2023, the Court issued an order granting in part and denying in part 15 Plaintiffs’ request to file under seal certain exhibits to their moving and reply papers filed in 16 support of their motion for class certification. See ECF Nos. 209, 211. Specifically, the Court 17 denied without prejudice Plaintiffs’ request to seal in their entirety Exhibits 3, 5, 8–10, 15–18, 22, 18 and 30 to Plaintiffs’ motion for class certification (“Motion Exhibits”), as well as Exhibits 2, 3, 19 and 9–13 to Plaintiffs’ reply in support of its motion for class certification (“Reply Exhibits”). See 20 id. Subsequently, Plaintiffs and Defendants each filed a motion to seal related to the Motion 21 Exhibits and Reply Exhibits. See ECF Nos. 212, 215. On January 22, 2024, the Court issued an 22 order granting the sealing requests with respect to Motion Exhibits 8–10, 16, 18, and 22 and Reply 23 Exhibits 2, 3, 11, and 12, and denying without prejudice the sealing requests with respect to 24 Motion Exhibits 3, 5, 15, 17, and 30 and Reply Exhibits 9, 10, and 13. See ECF No. 219. 25 On January 29, 2024, Plaintiffs filed a stipulated administrative motion to seal portions of 26 Motion Exhibits 3, 5, 15, 17, and 30 and Reply Exhibits 9, 10, and 13. See ECF Nos. 220 27 (proposed public versions); 221 (sealed copies). Each of the exhibits at issue has been designated 1 confidential by Defendants, who assert that the documents—consisting of deposition transcripts of 2 || Defendants’ fact and expert witnesses—contain personal health information as well as confidential 3 and proprietary information that would cause financial and competitive harm if disclosed. See 4 || ECF No. 212, at 4-7 (citing declarations describing sensitive nature of information and 5 || competitive disadvantages that could result from disclosure). The Court finds that compelling 6 reasons to exist to seal such confidential information. See, e.g., In re Elec. Arts, Inc., 298 F. 7 || App’x 568, 569 (9th Cir. 2008) (finding compelling reasons for sealing “business information that 8 || might harm a litigant’s competitive strategy,” including confidential contract terms); In re Google 9 Location Hist. Litig., No. 5:18-cv-05062-EJD, 514 F. Supp. 3d 1147, 1162 (N.D. Cal. Jan. 25, 10 || 2021) (“Compelling reasons may exist to seal ‘trade secrets, marketing strategies, product 11 development plans, detailed product-specific financial information, customer information, internal 12 reports[.]’”); Kumandan v. Google LLC, No. 19-cv-04286, 2022 WL 17971633, at *1 (N.D. Cal. 5 13 Nov. 17, 2022) (listing cases sealing personal information under compelling reasons standard). 14 Further, having reviewed the parties’ proposed redactions, the Court finds that the current 3 15 sealing requests are narrowly tailored to capture only sealable material. See Civ. L.R. 79-5(a). a 16 || Accordingly, the Court GRANTS the parties’ stipulated administrative motion to seal portions of 3 17 Motion Exhibits 3, 5, 15, 17, and 30 and Reply Exhibits 9, 10, and 13, and accepts the parties’ S 18 || proposed redactions to these exhibits. See ECF Nos. 220-3—220-10. 19 As previewed in the Court’s January 22, 2024 order, the Court now requests that the 20 || parties file, within 10 days of the entry of this order, a public version of Plaintiffs’ motion for class 21 certification and all exhibits, and likewise with Defendants’ opposition and Plaintiffs’ reply. 22 23 IT IS SO ORDERED. 24 || Dated: January 30, 2024 25 26 EDWARD J. DAVILA 27 United States District Judge 28 || Case No.: 20-cv-02255-EJD ORDER GRANTING STIPULATED ADMINISTRATIVE MOTION TO SEAL