Opinion

BROWN v. PRUDENTIAL LIFE INSURANCE COMPANY OF AMERICA

Court
District Court, D. Maine
Filed
Feb 7, 2023
Cited by
0 cases
Authority
More cited than 23.3%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MAINE

JEFFREY B. BROWN, )

)

Plaintiff )

)

v. ) 2:22-cv-00365-GZS

)

PRUDENTIAL LIFE INSURANCE )

COMPANY OF AMERICA, )

)

Defendant )

ORDER ON MOTION TO SEAL

ERISA ADMINISTRATIVE RECORD

Defendant asks the Court to seal the administrative record because the record, which

consists of more than 1,600 pages, is “replete with references to Plaintiff’s social security

number, date of birth, as well as years of medical and financial records.” (Motion to Seal

at 1, ECF No. 13.) Defendant maintains that the redaction of information as required by

Federal Rule of Civil Procedure 5.2 would be “an extremely burdensome task.” (Id. at 2.)

Plaintiff does not oppose the motion.

When a court considers a motion to seal, the court must be mindful that the law

recognizes a presumption “of public access to judicial proceedings and records.” United

States v. Kravetz, 706 F.3d 47, 52 (1st Cir. 2013). As the First Circuit has acknowledged,

however, “[t]hough the public’s right to access is vibrant, it is not unfettered. Important

countervailing interests can, in given instances, overwhelm the usual presumption and

defeat access.” Id. at 59 (quoting Siedle v. Putnam Inv., Inc., 147 F.3d 7, 10 (1st Cir.

1998)). In its assessment of a request to seal, the Court is required to “carefully balance

the presumptive public right of access against the competing interests that are at stake in a

particular case.” Id.

As reflected by Federal Rule of Civil Procedure 5.2, which allows for the redaction

of certain personal information, the law recognizes a legitimate privacy interest in

protecting an individual’s personally identifiable information. The public interest,

however, in the record upon which a court is to rule, including the administrative record in

an ERISA case, is significant. Without access to the record, the public cannot assess the

bases for the Court’s decision. The privacy interests can be adequately addressed through

the redaction of the personally identifiable information. The burden of redaction does not

outweigh the public interest in access to the record. See Culver v. NXP Incorporated Long

Term Disability Insurance Plan, No. CV-18-02205-PHX-DWL, 2019 WL 1452992, at *1

(D. Ariz. Apr. 2, 2019) (“The annoyance and expense of taking the time to redact personal

information from documents ordinarily cannot outweigh the public’s right in access.”).

The balancing of the interests militates against the seal of the record. See White v.

Worthington Indus., Inc. Long Term Disability Income Plan, 266 F.R.D. 178, 196 (S.D.

Ohio 2010) (denying motion to seal ERISA record in part because when otherwise private

information serves as the basis for the legal claim, “[t]he plaintiff who seeks such redress

ordinarily understands that in order to do so, he or she may be waiving the right to keep his

or her medical history out of the public domain”). The Court nevertheless will grant in

part the motion to permit the parties to file an appropriately redacted version of the record.

The Court will seal the unredacted record upon filing. The parties may file an appropriately

redacted version of the record on or before March 14, 2023. If the parties do not file a

redacted version of the record by March 14, 2023, the unredacted version of the record will

be unsealed.

NOTICE

Any objections to this Order shall be filed in accordance with Federal Rule of Civil

Procedure 72.

/s/ John C. Nivison

U.S. Magistrate Judge

Dated this 7th day of February, 2023.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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