United States District Court, D. New Jersey
GOVERNMENT EMPLOYEES INSURANCE CO., GEICO INDEMNITY CO., GEICO GENERAL INSURANCE COMPANY and GEICO CASUALTY CO., Plaintiffs,
DANIEL J. YOO, M.D., WESTERN JANEDA ORTHOPEDICS OF NEW JERSEY, L.L.C., GREGORY S. TAMAGNINI, D.P.M., RICHARD BRAVER, D.P.M., STAR HEALTH MANAGEMENT, L.L.C., and HACKENSACK SURGERY CENTER, L.L.C., Defendants.
Y. Kang, Esq. Sean P. Gorton, Esq. Barry I. Levy, Esq.
(admitted pro hac vice) Max Gershenoff, Esq. (admitted pro
hac vice) RIVKIN RADLER LLP Attorneys for Plaintiffs
Government Employees Insurance Co., GEICO Indemnity Co.,
GEICO General Insurance Company, and GEICO Casualty Co.
ORDER GRANTING MOTION TO SEAL
CATHY L. WALDOR, U.S.M.J.
MATTER having come before the Court pursuant to the
motion of Plaintiffs Government Employees Insurance Co.,
GEICO Indemnity Co., GEICO General Insurance Company, and
GEICO Casualty Co. (collectively, “Plaintiffs”),
pursuant to Local Civil Rule 5.3(c), to seal the portions of
Docket Nos. 69 and 71 that contain materials designated as
“Confidential” (hereinafter referred to as the
“Confidential Material”) by Defendants Richard
Braver, D.P.M., Star Health Management, L.L.C., and
Hackensack Surgery Center, L.L.C. (collectively, the
“Hackensack Surgery Defendants”); and the Court
having considered the written submissions of the parties; and
the Court having determined that this action involves
allegations regarding the disclosure of confidential and
proprietary information and for other and good cause having
been shown; the Court makes the following findings and
information sought to be sealed has been designated as
“Confidential” information pursuant to the
Protective Order in this action. See Docket No. 46.
information sought to be sealed falls within the definition
of “Sensitive Commercial Data” under the terms of
the Protective Order, inasmuch as the information includes
financial records for Hackensack Surgery Center, L.L.C. and
Star Health Management, L.L.C., and other proprietary and
sensitive business information.
Protective Order specifies - among other things - that such
confidential information, if filed with the Court, should be
filed under seal.
Plaintiffs' request is narrowly tailored to only the
confidential information contained in the above materials. In
this regard, the parties are permitted to file redacted,
non-confidential versions of the subject materials.
consideration of the papers submitted in support of the
motion, and the information that the Hackensack Surgery
Defendants have designated as “Confidential”, the
Court concludes that the burden of proving under Local Civil
Rule 5.3 and applicable case law that the information
described above should be sealed has been met. Specifically,
the Court concludes that (a) the materials contain
confidential information concerning the Hackensack Surgery
Defendants' business; (b) the parties have a legitimate
interest in maintaining the confidentiality of the
information to protect its disclosure; (c) public disclosure
of the confidential information would result in clearly
defined and serious injury; and (d) no less restrictive
alternative to sealing the subject information is available.
foregoing conclusions are supported by relevant case law
holding that the right of public access to the full court
transcript is not absolute, and may be overcome by a showing
such as made here, in the discretion of the trial court.
See Nixon v. Warner Commc'ns, Inc., 435 U.S.
589, 603 (1978); see also Goldenberg v. Indel, Inc.,
No. 09-cv-5202, 2012 WL 15909, at *3-4 (D.N.J. Jan. 3, 2012).
The Court, upon such a proper showing, may in its discretion
prevent confidential information from being “transmuted
into materials presumptively subject to public access.”
Gambale v. Deutsche Bank AG, 377 F.3d 133, 143 n.8
(2d Cir. 2004).
IS on this 8 day of October, 2019
that based upon the foregoing findings of fact and
conclusions of law, that the motion to seal is hereby
IS FURTHER ORDERED that the Clerk of the Court shall
permit the Confidential Material in the documents filed at
Docket Nos. 69 and 71 to be sealed permanently and take such
other steps as may be reasonably ...