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Prof'l, Inc. v. Progressive Cas. Ins. Co.

United States District Court for the Western District of Pennsylvania

January 31, 2020, Decided; January 31, 2020, Filed

Civil Action No. 3:17-cv-185

Opinion

This is a case brought by Professional, Inc., d/b/a Professionals Auto Body ("Plaintiff"), against Progressive Casualty Insurance Company ("Defendant") alleging claims for, inter alia, breach of contract and bad faith. Plaintiff alleges that Defendant failed to make full payments to Plaintiff for repairs and services rendered to customer vehicles. Presently before the Court is Defendant's motion for permission to file a summary judgment motion and all supporting documents under seal [Doc. 54]. Defendant also requests a waiver of the requirement to file redacted copies of those documents, and further asks that the case be sealed indefinitely. The parties subsequently filed a [*2]  joint notice indicating that Plaintiff does not oppose the relief sought in Defendant's motion [Doc. 56]. Nevertheless, for the reasons that follow, Defendant's motion will be denied without prejudice.

I. Background

On February 16, 2018, the Court,1 pursuant to Federal Rule of Civil Procedure 26(c), entered a protective order recognizing that discovery likely would involve the production of "confidential, proprietary, or private information" warranting special protection [Doc. 36]. The protective order "does not confer blanket protection on all disclosures or responses to discovery, but affords protection from public disclosure of the information or items that are designated confidential pursuant to the Order" [Id. p. 1]. The order specifically recognizes that "the protections conferred by this Order do not cover information that is in the public domain or becomes part of the public domain through trial or otherwise." (emphasis added) [Id. p. 3].

The order further provides that "[a]ll Confidential Material must be redacted before filing or filed under seal" and identifies Local Civil Rule 5.2(H) as establishing the procedures that must be followed when a party seeks permission from the court to file such material under seal [Id. at 5]. Rule 5.2(H) requires a party seeking to file [*3]  any document under seal to obtain prior leave of court for each document that is requested to be filed under seal, and further provides that a party may file a document under seal only after obtaining an order of court.

Pursuant to the terms of the protective order and Local Rule 5.2(H), Defendant now seeks leave to file all of its summary judgment documents, to include the motion, the memorandum in support, the statement of material facts and the exhibits, under seal on the ground that they all "are comprised of and/or contain references to the confidential discovery" protected by the order.

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2020 U.S. Dist. LEXIS 17364 *; 2020 WL 502626

PROFESSIONAL, INC., Plaintiff, vs. PROGRESSIVE CASUALTY INSURANCE COMPANY, Defendants.

Prior History: Prof'l, Inc. v. Progressive Cas. Ins. Co., 2018 U.S. Dist. LEXIS 29904 (W.D. Pa., Feb. 26, 2018)

CORE TERMS

seal, documents, confidential, discovery, protective order, judicial record, summary judgment motion, common law right, disclosure, overcome a presumption, summary judgment, access rights, public access, asserts