United States District Court, D. New Jersey
FRANK A. BRIGLIA, M.D., Plaintiff,
AMERITAS LIFE INSURANCE CORP. and THE UNION CENTRAL LIFE INSURANCE COMPANY, Defendants.
ORDER TO SEAL
[Doc. No. 4]
KAREN M. WILLIAMS, Magistrate Judge.
THIS MATTER having come before the Court on the Motion of Plaintiff Frank A. Briglia, M.D., for the entry of an Order pursuant to Federal Rule of Civil Procedure 5.2(d) and Local Civil Rule 5.3(c) sealing the Complaint filed in this action; and the Court having considered the written submissions of the parties and the arguments of counsel during the June 17, 2015 oral argument; and for good cause shown, the Court grants the Motion based upon the following findings of fact and conclusions of law:
FINDINGS OF FACT
1. This is an action for breach of contract and declaratory judgment arising from Defendants Ameritas Life Insurance Corp.'s ("Ameritas") and its predecessor in interest, The Union Central Life Insurance Company's ("Union Central") (together, the "Defendants") alleged breach of five occupational disability policies entered into by the Defendants and Dr. Briglia (the "Policies").
2. Dr. Briglia and Defendants dispute whether a medical condition has rendered Dr. Briglia "Totally Disabled, " as that term is defined in the Policies (the "medical condition").
3. The Complaint contains details regarding Dr. Briglia's medical condition. These details are integral to the Complaint's allegations that Dr. Briglia is Totally Disabled pursuant to the Policies. Thus, certain details of the medical condition, such as the name of the medical condition, description of the condition and its prognosis, are redacted from the publicly filed Complaint as follows:
a) The name of the medical condition is redacted from paragraphs 1, 20, and 31(1);
b) Portions of paragraph 18, which discuss the onset and progression of the medical condition, are redacted;
c) The entirety of paragraph 19, which describes the condition in general terms including the related symptoms and prognosis, is redacted; and
d) Portions of paragraph 22, which discuss the progression of the medical condition, are redacted.
4. Dr. Briglia was once employed as a pediatric critical care specialist. Affidavit of Frank A. Briglia ("Briglia Aff.") ¶ 4, June 24, 2015.
5. Dr. Briglia is able to provide general pediatric care to children and perform executive, managerial and administrative work in pediatrics. Id. at ¶ 5.
6. Dr. Briglia is sixty-five (65) years of age. Id. at ¶ 10.
7. Dr. Briglia intends to pursue an administrative, executive level position when such a position ...