Free Motion for Protective Order - District Court of Delaware - Delaware

Case 1 :04-cv-01470-JJF Document 17 Filed 08/O9/2005 Page 1 of 3
IN THE UNITElD STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SHARON MARMON-KACZOROWSKI *
Plaintiff *
v. *
Civil Action No.: 04-1470
CONTINENTAL CASUALTY *
COMPANY *
Defendant

DEFENDANT'S MOTION FOR PROTECTIVE ORDER
Defendant, Continental Casualty Company ("Defendant" or "Continental"), by its undersigned counsel,
pursuant to Federal Rule of Civil Procedure 26(c) and Local Rule 26.2, hereby files its Motion for Protective Order
seeking an Order permitting Continental to file the administrative record compiled in its administration of Plaintiffs
benefits claim "Under Seal," so as to prevent public disclosure of confidential infomation contained therein, and in
support thereof states:
1. Continental has been named as a defendant in a lawsuit filed by Plaintiff Sharon Marmon—
Kaczorowski ("Plaintiff’ or "Ms. Marmon-Kaczorc·wski").
2. Plaintiffs Complaint is founded upon a claim for long-temi disability benefits
pursuant to a Continental Policy (Policy Number SR-83090156) (the “Plan") issued to an employee welfare benefit
plan maintained by Plaintiffs employer, Computer Sciences Corporation.
3. As this case involves a claim made pursuant to an employee welfare benefit plan,
Plaintiffs claim is governed by federal law, namely the Employee Retirement Income Security Act ("ER1SA") of
1974, as amended 29 U.S.C. § 1100, el. seq. and § “ 132.
4. Specifically, this matter arises fron a dispute over the denial oflong—term
disability benefits claimed under a disability income insurance policy issued by Continental to the Plan. The
Plaintiff has alleged that Continental improperly denied disability benefits to her which were due under the Plan.
5. In the present case, the administrative record compiled by Continental in its
administration of Ms. Marmon-Kacz0rowski’s claim for long-term disability benefits contains a substantial amount
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Case 1:04-cv-01470-JJF Document 17 Filed 08/O9/2005 Page 2 of 3
of private and confidential information, including ter Social Security number, address, birth date and medical
information.
6. lt is impractical and virtually imzoossible to completely redact this private
information, since it is repeatedly shown in the 135 page administrative record.
7. Continental will file the administrative record in conjunction with its Motion for
Summary Judgment. As a result, Continental respectfully requests that the entire administrative record, attached to
the Affidavit ofJoye M. Kelly, be filed "Under Se;1l," so as to prohibit public disclosure of Plaintiffs private and
confidential information.
8. The proper procedure for limiting the use or disclosure of information is a
protective order. Rule 26(c) ofthe Federal Rules of Civil Procedure provides the mechanism by which a district
court may, for good cause shown, limit the use or disclosure of information.
9. In addition, the E-Government Act of 2002 (Pub. L. 107-347) and the policy of
the Judicial Conference ofthe United States, provide that unless otherwise ordered by the court, parties shall not
include or shall redact confidential information from all documents filed in ECF.
WHEREFORE, the Defendant prays this Court to grant its Motion for Protective Order regarding the filing
of the administrative record "Under Seal."
Respectfully submitted,
/s/ SUSAN A. LIST
David G. Culley, Fed. Bar No. 2141
Susan A. List, Fed. Bar No. 3752
TYBOUT, REDFEARN & PELL
300 Delaware Avenue, Suite 1100
P.O. Box 2092
Wilmington, Delaware 19899
(302) 658—6901
Of Counsel:
J. Snowden Stanley, Jr.
SEMMES, BOWEN & SEMMES
250 West Pratt Street
Baltimore, Maryland 21201
(410) 539-5040
Attorneys for Defendant
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Case 1:04-cv-01470-JJF Document 17 Filed 08/O9/2005 Page 3 of 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY, that on this _9TH_ day of August, 2005, a copy ofthe foregoing Defendant‘s
Motion for Protective Order and proposed Order were served, via e-tiling, on:
Robert C. McDonald, Esquire
Silverman, McDonald & Friedman
1010 N. Bancroft Parkway
Wilmington, Delaware 19805
Attorneys for Plaintiff
/s/ SUSANA. LIST
Susan A. List
Marmon-Kaczorowski.Motion for Protective Order (Word). (B0542937).DOC
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