Opinion
Case No. 2:17-CV-00350-JAM-AC
09-05-2018
ANTHONY MARC MOSTAJO, and ELAINE QUEDENS, on behalf of himself and all others similarly situated, Plaintiffs, v. NATIONWIDE MUTUAL INSURANCE COMPANY, and Does 1 through 50, inclusive, Defendant.
KAI-CHING CHA, Bar No. 218738 MICHAEL J. HUI, Bar No. 273212 LITTLER MENDELSON, P.C. 333 Bush Street, 34th Floor San Francisco, CA 94104 Telephone: 415.433.1940 kcha@littler.com mhui@littler.com JAMES J. OH, IL Bar No. 6196413 (admitted pro hac vice) LITTLER MENDELSON, P.C. 321 North Clark Street, Suite 1000 Chicago, IL 60654 Telephone: 312.372.5520 joh@littler.com DANIEL W. SRSIC, Bar No. 0064177 (admitted pro hac vice) LITTLER MENDELSON, P.C. 21 East State Street, 16th Floor Columbus, OH 43215-4228 Telephone: 614.463.4213 dsrsic@littler.com Attorneys for Defendant NATIONWIDE MUTUAL INSURANCE COMPANY
KAI-CHING CHA, Bar No. 218738
MICHAEL J. HUI, Bar No. 273212
LITTLER MENDELSON, P.C.
333 Bush Street, 34th Floor
San Francisco, CA 94104
Telephone: 415.433.1940
kcha@littler.com
mhui@littler.com JAMES J. OH, IL Bar No. 6196413 (admitted pro hac vice)
LITTLER MENDELSON, P.C.
321 North Clark Street, Suite 1000
Chicago, IL 60654
Telephone: 312.372.5520
joh@littler.com DANIEL W. SRSIC, Bar No. 0064177 (admitted pro hac vice)
LITTLER MENDELSON, P.C.
21 East State Street, 16th Floor
Columbus, OH 43215-4228
Telephone: 614.463.4213
dsrsic@littler.com Attorneys for Defendant
NATIONWIDE MUTUAL INSURANCE COMPANY
[PROPOSED] ORDER GRANTING DEFENDANT'S REQUEST TO SEAL CONFIDENTIAL DOCUMENTS AND INFORMATION IN SUPORT OF OPPOSITION AND CROSS-MOTION FOR PARTIAL SUMMARY JUDGMENT
Date: October 2, 2018
Time: 1:30 p.m.
Ctrm.: 6, 14th Floor
Judge: Honorable John A. Mendez
Having considered Defendant NATIONWIDE MUTUAL INSURANCE COMPANY'S Request to Seal Documents in Support its Opposition and Cross-Motion for Partial Summary Judgment of Defendant's Twenty-First Affirmative Defense ("Motion"), this Court hereby finds good cause to GRANT said Request.
IT IS ORDERED that the following confidential documents and information shall be sealed:
• Exhibits B-E attached to the Declaration of Robert Watts consisting of the following:
? Exhibit B, Nationwide Insurance Companies and Affiliates Plan for Your Time and Disability Income Benefits, Amended and Restated as of January 1, 2013, Bates No. DNM000539-608, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
? Exhibit C, First through Tenth Amendments to Nationwide Insurance Companies and Affiliates Plan for Your Time and Disability Income Benefits, Amended and Restated as of January 1, 2013, Bates No. DNM000607-631, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
? Exhibit D, Nationwide Insurance Companies and Affiliates Plan for Your Time and Disability Income Benefits, Amended and Restated as of June 7, 2017, Bates No. DNM013445-13512, designated "Confidential" pursuant to the Parties' Stipulated Protective Order; and
? Exhibit E, Nationwide Trust Company, FSB a division of Nationwide Bank, Amended and Restated Directed Trust Agreement, Bates No. DNM013424-13444, designated "Confidential" pursuant to the Parties' Stipulated Protective Order.
• Exhibits A-F attached to the Declaration of Jennifer Kemp consisting of the following:
? Exhibit A, 2016 Form 5500 for Nationwide Insurance Companies &
Affiliates Plan for Your Time and Disability Income Benefits, Bates No. DNM013354-13386, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
? Exhibit B, 2016 Form 990 for the Nationwide Insurance Co & Affiliates Health Care Trust, Bates No. DNM013405-13423, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
? Exhibit C, 2014 Form 5500 for Nationwide Insurance Companies & Affiliates Plan for Your Time and Disability Income Benefits, Bates No. DNM013290-13321, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
? Exhibit D, 2015 Form 5500 for Nationwide Insurance Companies & Affiliates Plan for Your Time and Disability Income Benefits, Bates No. DNM000468-499, designated "Confidential" pursuant to the Parties' Stipulated Protective Order
? Exhibit E, 2014 Form 990 for the Nationwide Insurance Co & Affiliates Health Care Trust, Bates No. DNM013271-13289, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
? Exhibit F, 2015 Form 990 for the Nationwide Insurance Co & Affiliates Health Care Trust, Bates No. DNM000500-517, designated "Confidential" pursuant to the Parties' Stipulated Protective Order;
IT IS SO ORDERED. The unredacted exhibits to the declarations of Robert Watts and Jennifer Kemp, shall be sealed for the duration of the litigation and cannot be unsealed without subsequent order from this Court. Dated: 9/5/2018
/s/ John A. Mendez
HON. JOHN A. MENDEZ.
UNITED STATES DISTRICT JUDGE Firmwide:156831699.1 092236.1002