Opinion

Desai v. Geico Casualty Company

Court
District Court, N.D. Ohio
Filed
Sep 28, 2021
Cited by
0 cases
Authority
More cited than 28.0%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISION

MILIND DESAI, ) Case No. 1:19-cv-2327

)

Plaintiff, ) Judge J. Philip Calabrese

)

v. ) Magistrate Judge

) William H. Baughman Jr.

GEICO CASUALTY COMPANY, )

)

Defendant. )

)

ORDER

On September 1, 2021, the Court provisionally granted Defendant’s motion to

seal and directed the parties to review Plaintiff’s motion for class certification and

determine what information they believe warrants redaction or sealing. (ECF No. 95,

PageID #1651–52.) The parties jointly submitted two tables with previously proposed

redactions, which they believe (1) qualify for sealing or redaction if Defendant

provides legal support (ECF No. 101, Table 1), and (2) do not need redaction or sealing

(id., Table 2). Defendant also filed a supplement to its motion for leave to file under

seal in which it requests more extensive redaction or sealing to which Plaintiff does

not agree. (ECF No. 100, Table.) In this Order, the Court determines what materials

in Plaintiff’s motion for class certification and supporting documents warrants

redaction or sealing.

LEGAL STANDARD

A district court’s decision to seal court records is reviewed for an abuse of

discretion. Klingenberg v. Federal Home Loan Mortg. Co., 658 F. App’x 202, 207 (6th

Cir. 2016) (citing Shane Grp. Inc. v. Blue Cross Blue Shield, 825 F.3d 299, 306 (6th

Cir. 2016)). But in the sealing context, “the district court’s decision is not accorded

the deference that standard normally brings.” Id. To properly exercise its discretion,

district courts must “set forth specific findings and conclusions ‘which justify

nondisclosure to the public.’” Shane Grp., 825 F.3d at 306 (quoting Brown &

Williamson Tobacco Corp. v. FTC, 710 F.2d 1165, 1176 (6th Cir. 1983)).

This independent obligation exists regardless of any agreement or

disagreement among the parties about sealing the records at issue. See Rudd Equip.

Co v. John Deere Constr. & Forestry Co., 834 F.3d 589, 595 (6th Cir. 2016). District

courts must weigh, on the one hand, the parties’ interest in keep information

confidential, and on the other, the public’s strong interest in “obtaining the

information contained in the court record.” Shane Grp., 825 F.3d at 305 (citation and

quotation omitted). “The courts have long recognized . . . ‘a strong presumption in

favor of openness’ to court records.” Id. (quoting Brown & Williamson, 701 F.2d at

1179).

Overcoming this burden is “a heavy one: ‘Only the most compelling reasons

can justify non-disclosure of judicial records.’” Id. (quoting In re Knoxville News-

Sentinel Co., 723 F.2d 470, 476 (6th Cir. 1983)). The greater the public interest, the

greater the burden to justify seal. See id. In civil litigation, the most common

categories of information that overcome this burden include “trade secrets,

information covered by a recognized privilege (such as attorney-client privilege), and

information required by statute to remain in confidence (such as the name of a minor

victim of a sexual assault).” Id. at 308.

To demonstrate that sealing is necessary, the party seeking confidentiality

must “analyze, in detail, document by document, the propriety of secrecy, providing

reasons and legal citations” that support seal. Id. at 305–06 (citation and quotation

omitted). Therefore, it is incumbent on the Court to review each document and the

legal rationales that the parties offer, and “set forth specific findings and conclusions

‘which justify nondisclosure to the public.’” Id. at 306 (quoting Brown & Williamson,

710 F.2d at 1176).

ANALYSIS

With these principles in mind, the Court turns to the documents at issue in

this case. In both the joint submission and its supplement, Defendant requests that

the Court: (1) redact excerpts from the depositions of David Antonacci, Alan Koontz,

and Jacob Linder (Exhibits A, B; and E); (2) redact excerpts from the expert reports

of Stockton and Tomlin (Exhibit C); (3) seal an entire Geico internal email thread

(Exhibit D); and (4) redact portions of Plaintiff’s motion for class certification. (ECF

No. 101, PageID #2259.) Defendant supports these requests with a declaration from

Todd Koontz about Geico’s confidentiality practices and the importance of sealing

these documents from the public. (ECF No. 92-1.) The Court addresses each request

in turn.

I. Deposition Testimony

Defendant asserts that its designations in the depositions of Antonacci,

Koontz, and Linder contain information about “the nature and capabilities of

[Defendant’s] proprietary electronic system to store and make claimant data

available,” Defendant’s “claim-processing practices and procedures for the settlement

of total-loss claims, strategic decisions related to those practices, and how

[Defendant’s] interpretation of policy language and internal documents impacts those

practices and procedures.” (ECF No. 100, PageID #2, 5.)

Koontz’s declaration supporting sealing states that publicly disclosing this

information would compromise Defendant’s competitive standing. He declares that

“if a competitor obtained information about GEICO’s claims handling processes or

training and reference materials—including what information is gathered and

maintained—the competitor would have learned something about GEICO’s secret

processes. Competitors could more easily determine what type of data GEICO

maintains and how it uses that data, which are critical components of GEICO’s

success.” (ECF No. 92-1, ¶ 8.) Similarly, Defendant asserts that public disclosure

would harm its competitive advantage and that its requested redactions would avoid

such potential for harm. (ECF No. 100, PageID #2243–44, 2246.) As legal support,

Defendant points to Davis v. Geico Casualty Co., No. 2:19-CV-2477, 2021 WL

3883915, at *2 (S.D. Ohio Aug. 31, 2021), and Lucid Health, Inc. v. Premier Imaging

Ventures, LLC, No. 2:20-CV-1055, 2021 WL 128956, at *2 (S.D. Ohio Jan. 14, 2021),

both of which recognize that companies have a compelling interest in protecting

information that, if disclosed, would cause a competitive disadvantage.

After reviewing the designations in the supplement and joint submission and

corresponding deposition transcripts, the Court finds, with four exceptions identified

below, that the designations contain confidential claims-processing, electronic

system, and propriety data information that should not be made publicly available.

The interest of ensuring nonparties’ access to the information that will be redacted

or sealed is significantly less than in Shane Group, which involved sealing

information necessary to unnamed class members to evaluate a class action

settlement. Shane Grp., 825 F.3d at 302. Given the nature of Plaintiff’s allegations

and the absence of interested nonparties, the merits of redacting and sealing the

documents outweigh the public’s interest, if any, in making the sensitive and private

financial and business information public. NetJets Ass’n of Shared Aircraft Pilots v.

NetJets, Inc., No. 2:14-cv-2487, 2016 WL 5349793, at *2 (S.D. Ohio Sept. 23, 2016);

London Comput. Sys., Inc. v. Zillow, Inc., No. 1:18-cv-696, 2019 WL 4110516, at *4

(S.D. Ohio Aug. 29, 2019).

The court will not seal pages 21:21–25, 22:1–14, 80:4–9, and 81:11–24 of

Koontz’s deposition testimony. (See ECF No. 100, PageID #6–7, ECF No. 96-1,

PageID #1665–66, 1673–74.) These excerpts do not contain confidential information.

Defendant asserts that nondisclosure is warranted because Plaintiff does not rely on

these excerpts, but that rationale does not overcome the “strong presumption in favor

of openness to court records.” Shane Grp., 825 F.3d at 305 (quotation omitted).

Indeed, Shane Group states that “the public has an interest in ascertaining what

evidence and records [courts] have relied upon in reaching [a] decision,” but that does

not mean that the information that a court does not rely on automatically warrants

nondisclosure, especially when that information is not confidential in nature. Id.

II. Expert Reports

Defendant requests that the Court redact the portions of the expert reports of

Stockton and Tomlin that summarize Defendant’s confidential documents and

witness testimony and that analyze that same information or expose Defendant’s

confidential claim-handling policies and data. (ECF No. 100, PageID #2245.) For the

reasons stated in Defendant’s supplement and those stated above, and based on its

independent review, the Court finds that the merits of redacting this information

outweighs the public interest. The reports rely on information that is confidential in

nature—as outlined above—and could put Defendant at a competitive disadvantage

if disclosed.

III. Defendant’s Internal Email Thread

The parties agree that Defendant’s internal email thread contains information

regarding changes to claim-processing procedures, the timing and implementation of

those changes, and Defendants confidential and proprietary software. (ECF No. 101,

Table 1.) Per Koontz’s declaration, this information is confidential in nature and

could serve to give competitors an inside look into Defendant’s practices and

procedures putting them at a competitive disadvantage. For the same reasons set

forth above, the Court finds that the merits of sealing this entire document outweighs

the public interest in viewing it.

IV. Plaintiff’s Class Certification Motion

Finally, Defendant requests that the Court redact certain excerpts from

Plaintiff’s class certification papers that contain “information on GEICO’s claims-

handling policies and practices for the settlement of total-loss claims, strategic

decisions related to those practices, and the capabilities of GEICO’s proprietary

electronic system to store and make claimant data available.” (ECF No. 100, PageID

#2243.) Because the designation that Defendant seeks to redact contains information

derived from the above redacted or sealed items, and the designations are narrowly

tailored and limited to that information, the Court grants Defendant’s motion to

Geico’s proposed designations, with two exceptions. See Shane Grp., 825 F.3d at 305.

The Court finds that Defendant’s designations on pages 10 and 11 of the motion for

class certification do not contain the above-mentioned confidential information such

that redaction is not appropriate. (ECF No. 100, PageID #14–15; ECF No. 91, PageID

#2140–41.)

CONCLUSION

For the foregoing reasons, with the exception of pages 21:21–25, 22:1–14,

80:4–9, and 81:11–24 of Koontz’s deposition testimony (see ECF No. 100, PageID

#6–7, ECF No. 96-1, PageID #1665–66, 1673–74) and pages 10 and 11 of Plaintiff’s

motion for class certification (see ECF No. 100, PageID #14–15, ECF No. 91, PageID

#2140–41), the designations in Defendants’ supplement to its motion for leave to file

under seal (ECF No. 100, Table) and in the parties’ joint submission (ECF No. 101,

Table 1) may be filed with redactions or under seal pursuant to Local Rule 5.2 and

this Order. The Court ORDERS Plaintiff to file the redacted versions of its motion

for class certification and supporting documents in accordance with this Order no

later than October 1, 2021.

SO ORDERED.

Dated: September 28, 2021

J. Philip Calabrese

United States District Judge

Northern District of Ohio

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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