Free Motion to Seal Case - District Court of Connecticut - Connecticut

Case 3:00-cv-01096-SRU

Document 131

Filed 02/04/2004

Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ---------------------------------------------------------------x John Doe, : Plaintiff : : vs. : Civil Action No.: 3:00 CV-01096(SRU) : UNUMProvident Corporation f/k/a : Provident Companies, Inc., : The Paul Revere Life Insurance Company, : Provident Life and Accident Insurance : Company of America : and John Hancock Mutual Life Insurance : Company, : Defendants : ---------------------------------------------------------------x February 3, 2004 MOTION TO SEAL COURT FILE For the reasons set forth below, plaintiff hereby moves to seal the Court file. Defendants do not object to this motion. The decision whether to seal a judicial record is, at least with respect to the common law right of access, committed to the discretion of the district court, a discretion to be exercised in light of the relevant facts and circumstances of the particular case. Nixon v. Warner Communications, Inc., 435 U.S. 589, 599, 98 S.Ct. 1306,1312-13 (1978). (That right is even weaker with regard to portions of the court file, such as the pretrial compliance and motions in limine, which were not the basis for a judicial decision. See Anderson v. Cryovac Inc., 805 F.2d 1, 13 (1st Cir.1986) (restricting common law right of access to "materials on which a court relies in determining the litigants' substantive rights").) Moreover, a federal judge has the power to seal files when necessary to encourage the

Case 3:00-cv-01096-SRU

Document 131

Filed 02/04/2004

Page 2 of 3

amicable resolution of disputes. See Palmieri v. State of New York, 779 F.2d 861, 864-65 (2d Cir.1985); City of Hartford v. Chase, 942 F.2d 130, 135-36 (2d Cir. 1991). At the outset of this case, plaintiff sought and was granted the right to proceed anonymously. Plaintiff is now concerned that he could be identified through exhibits in the court files. If he were identified, additional exhibits -- particularly psychiatric and psychological reports and deposition transcripts which speak to his mental health -- would be incredibly damaging if read by a third party. He seeks to close this chapter of his life and proceed without the stigma attached to diagnoses of mental illness. He is understandably concerned that his achievements in the future could be undermined if anyone ever learned of and accessed the court file. When the parties resolved the case they negotiated for, and agreed on, terms of confidentiality. Plaintiff seeks the cooperation of the Court to obtain the benefit of this bargain. Accordingly, for these reasons plaintiff respectfully requests that the Court seal its file on this matter. THE PLAINTIFF, By___________________________________ Jonathan Katz (ct00182) Alinor C. Sterling (ct17207) JACOBS, GRUDBERG, BELT & DOW, P.C. 350 Orange Street P.O. Box 606 New Haven, CT 06503 Tel. (203) 772-3100 Fax. (203) 772-1691 [email protected] [email protected]

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Case 3:00-cv-01096-SRU

Document 131

Filed 02/04/2004

Page 3 of 3

CERTIFICATION The undersigned certifies that a copy of plaintiff's Motion to Seal Court File was mailed postage prepaid this 3rd day of February, 2004 to: Erin K. Choquette, Esq. Robinson & Cole, LLP 280 Trumbull Street Hartford, CT 06103-3597 Tel.: (860) 275-8200 Fax: (860) 275-8299

_________________________________ Jonathan Katz

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