Leonard v. John Hancock Life Insurance Company of New York

WwAhoe 4.40°U po MVUCUINeMt GU Lilly Fraye lil OZ FILED #: ‘ UNITED STATES DISTRICT COURT Coy FILED: _| SOUTHERN DISTRICT OF NEW YORK BT □□ = UL few Def SW pe, Db JEFFREY LEONARD, IN HIS CAPACITY AS __) ~ No Pr “the “S TRUSTEE OF THE POPLAWSKI 2008 ) 0 Ther, □□ INSURANCE TRUST; PHILLIS POPLAWSKI; pppane ‘ + and PBR PARTNERS, on behalf of themselves ye on, and all others similarly situated ) \ton- yor] tf” Plaintiffs, ) nano , {4 vs. ) Civil Actipn N@-13 Aedoo4-AKH ) JOHN HANCOCK LIFE INSURANCE ted 4 £0 Re COMPANY OF NEW YORK and JOHN ) GS al * HANCOCK LIFE INSURANCE COMPANY ) 4 □ (U.S.A) oie fo Noy 4, . ) Uf Oy * by Defendants. [2° MA Mee 9) | UEP EEE □□ a Sey, MOTION TO MAINTAIN CONFIDENTIAL SETTLEMENT MATERIAL UNDER SEAL Pursuant to Paragraph 12 of the November 13, 2018 Court-approved Stipulated Confidentiality Agreement and Protective Order (the “Protective Order”), Defendants John Hancock Life Insurance Company of New York and John Hancock Life Insurance Company (USA) (together, “John Hancock”) hereby move to maintain under seal redacted portions of the Parties’ November 8, 2019 joint discovery letter, Dkt. No. 81, and the attached exhibit, Dkt. No. 81-1 (the “Confidential Settlement Material”).

Maintaining the Confidential Settlement Material under seal “is essential to preserve higher values and is narrowly tailored to serve that interest.” Bernstein v. Bernstein Litowitz Berger & Grossmann LLP, 814 F.3d 132, 144 (2d Cir. 2016) (internal quotation mark omitted); see also Individual Rules of Honorable Alvin K. Hellerstein, Rule 4(A). The weak presumption of public access that attaches to documents filed in connection with discovery motions, like the Confidential Settlement Material, is outweighed in this case by substantial interests in (1) promoting the

VEROw A HOTU UTIATINMNE OLYULUININ GY EU ALLL confidentiality of settlement negotiations and any resulting agreements in order to facilitate settlement; and (2) protecting a non-party’s privacy interests. John Hancock’s request to maintain the Confidential Settlement Material under seal is narrowly tailored because it is no broader than necessary to safeguard those interests.

John Hancock therefore respectfully requests that the Court maintain under seal the redacted portions of the Parties’ joint discovery letter, Dkt. No. 81, and the attached exhibit, Dkt.

No. 81-1.

Respectfully, Dated: November 19, 2019 /s/ Andrea J. Robinson Andrea J. Robinson Robert K. Smith (admitted pro hac vice) WILMER CUTLER PICKERING HALE AND DORR LLP State Street Boston, MA 02109 USA Tel.: (617) 526-6000 Fax: (617) 526-5000 Alan B. Vickery John F, LaSalle I BOIES SCHILLER FLEXNER LLP Lexington Ave. New York, NY 10022 Tel.: (212) 446-2300 Fax: (212) 446-2350 Motty Shulman BOIES SCHILLER FLEXNER LLP Main Street Armonk, NY 10504 Tel.: (914) 749 8200 Fax: (914) 749-8300 Attorneys for John Hancock Life Insurance Company of New York and John Hancock Life Insurance Company (U.S.A.)

Judge wrote: ‘Defendants’ motion to seal is denied. No privacy interest is advanced.

Thus, the settling non-party does not join the motion. Defendants’ argument that disclosure will hinder its ability to settle is speculative.

12-5-19 Alvin K. Hellerstein”