Migliaccio

Migliaccio v. Allianz Life Insurance Co. of North America

Good Law
686 F.3d 1115·2012 WL 3024192
United States Court of Appeals for the Ninth CircuitJuly 25, 2012Nos. 11-55369, 11-55372California2,002 words

Opinion

Lead Opinion

Intervenor Allianz Life Insurance Company of North America (“Allianz”) appeals the district court’s order denying its motion to unseal judicial records. 1 Because the records at issue were filed in connection with pending summary judgment motions, we reverse and remand to the district court to grant the motion.

I

We recount the procedural background of the underlying cases to “provide[ ] context for the unsealing order.” Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172 , 1176 (9th Cir.2006). The district court presided over four class action cases, each brought by the same plaintiffs’ counsel. Plaintiffs asserted similar claims against each defendant for RICO violations and violations of state law based on the marketing and sales of annuity products to senior citizens. Fidelity & Guaranty Life Insurance Company (“Fidelity”) and Midland National Life Insurance Company (“Midland”) are the defendants in the two underlying cases. Allianz and American Equity Investment Life Insurance Company (“American Equity”) are the defendants in the other two cases.

In 2007, Fidelity and Midland filed motions for summary judgment. Plaintiffs opposed, and attached a declaration by…

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