IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

HENRY ESPEJO, individually and on behalf of 

all others similarly situated, 

 Plaintiff, 

v. 

SANTANDER CONSUMER USA INC., an 

Illinois corporation, 

 Defendant. 

Case No.: 1:11-cv-08987 

Honorable Charles P. Kocoras 

UNOPPOSED MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL 

 Defendant Santander Consumer USA Inc. (“Santander”), by and through its counsel, 

pursuant to Local Rule 26.2, respectfully moves the Court, without opposition from Plaintiffs, 

for an Order granting Defendant leave to file certain documents under seal in conjunction with 

Defendant’s Motion for Summary Judgment. In support of its motion, Defendant states as 

follows: 

1. On October 22, 2014, Magistrate Judge Schenkier entered a Protective Order 

providing for the designation of confidential documents and the use of such documents, among 

other matters. (See Docket No. 106.) 

2. Defendant’s summary judgment motion is currently due on April 21, 2016. (See 

Docket No. 161.) 

3. In support of its summary judgment motion, Defendant must refer to, quote from, 

and attach certain documents that the Parties have agreed should be treated as confidential and 

which have been marked as confidential pursuant to the Protective Order. 

Case: 1:11-cv-08987 Document #: 165 Filed: 04/21/16 Page 1 of 6 PageID #:1590
 - 2 - 

4. Defendant seeks, for good cause shown and subject to the Court’s approval, to file 

certain confidential or otherwise sensitive materials referred to in Defendant’s Motion for 

Summary Judgment under seal. 

5. In particular, in the Appendix attached to Defendant’s Memorandum in Support 

of its Motion for Summary Judgment are the following documents that the Parties have agreed 

are either non-public business sensitive or proprietary information that Defendant is obligated to 

keep confidential pursuant to agreements with third parties, or confidential personal information 

of Plaintiffs that Defendant seeks to file entirely under seal: 

a. Tab No. 3: Exhibit B to the Declaration of Wayne Nightengale, Maria C. 

Espejo’s Activity Notes (SCUSA/E 0722 – 0802) 

b. Tab No. 4: Exhibit C to the Declaration of Wayne Nightengale, Faye 

Levin’s Activity Notes (SCUSA/B 00001 – 00034) 

c. Tab No. 6: Exhibit E to the Declaration of Wayne Nightengale, Audio 

Recording of Faye Levin’s May 14, 2012 call 

d. Tab No. 16: Outbound Service Overview from the Unified Director User 

Guide (SCUSA/E 0120 and 202) 

e. Tab No. 17: Page from Appendix D of the Unified Director User Guide 

(SCUSA/E 0698) 

6. The contents of Tab Nos. 3, 4, and 6 are confidential and their public disclosure 

would release Defendant’s account holders’ personal financial information and other identifying 

information such as addresses and telephone numbers. Defendant has an interest in insuring the 

security and confidentiality of their account holder’s personal information. The Seventh Circuit 

has recognized that such personal information should be kept under seal. See Johnson v. 

Napolitano, No. 11-C-677, 2013 WL 1337174, at *5 (N.D. Ill. Mar. 29, 2013) (document 

containing “personal identification information of plaintiff and her spouse” kept under seal); 

Perry v. Bath & Body Works, LLC, 993 F. Supp. 2d 883, 890 (N.D. Ind. 2014) (document 

Case: 1:11-cv-08987 Document #: 165 Filed: 04/21/16 Page 2 of 6 PageID #:1591
 - 3 - 

containing party’s personal information kept under seal); Entm't USA, Inc. v. Moorehead 

Commc’ns., Inc., No. 12-CV-116, 2015 U.S. Dist. LEXIS 74099, at *6 (N.D. Ind. June 9, 2015) 

(finding good cause to file under seal documents containing defendant’s “customers' personal 

identifying information”). 

7. The contents of Tab Nos. 16 and 17 are confidential and contain non-public 

business sensitive or proprietary information that Defendant is obligated to keep confidential 

pursuant to agreements with third parties. Defendant has an interest in insuring the security and 

confidentially of these documents because the third parties’ competitors would benefit by 

examining the documents. Public disclosure of the third parties’ business sensitive or proprietary 

information would cause undue harm to the third parties. The Seventh Circuit has recognized 

that such documents containing highly confidential commercial information should be kept 

under seal. See Fed. Trade Comm’n v. OSF Healthcare Sys., No. 11-C-50344, 2012 WL 

1144620, at *3 (N.D. Ill. Apr. 5, 2012) (documents containing pricing information, contract 

terms, and contract negotiations and strategies kept under seal); Metavante Corp. v. Emigrant 

Sav. Bank, No. 05-CV-1221, 2008 WL 4722336, at **9–10 (E.D. Wis. Oct. 24, 2008) (nonpublic 

financial business information such as business plans and strategies kept under seal); SmithKline 

Beecham Corp. v. Pentech Pharms., Inc., 261 F. Supp. 2d 1002, 1008 (N.D. Ill. 2003) 

(“documents that are shown to contain trade secrets, or other information that would cause undue 

private or public harm if disclosed . . . may be kept under seal.”). 

8. Pursuant to Local Rule 26.2(c), Defendants are provisionally filing Tab Nos. 3, 4, 

6, 16, and 17 of the Appendix attached to Defendant’s Memorandum in Support of its Motion for 

Summary Judgment under seal and serving same on all parties, and are filing a redacted publicrecord version of same. 

Case: 1:11-cv-08987 Document #: 165 Filed: 04/21/16 Page 3 of 6 PageID #:1592
 - 4 - 

9. Prior to filing the instant motion, the Parties conferred (through counsel) 

regarding the relief requested herein, and Defendant is authorized to state that Plaintiffs have no 

opposition to the same. 

 WHEREFORE, Defendant respectfully requests that, for good cause shown pursuant to 

Local Rule 26.2, the Court enter an order (i) granting Defendant leave to file Tab Nos. 3, 4, 6, 

16, and 17 of the Appendix attached to Defendant’s Memorandum in Support of its Motion for 

Summary Judgment entirely under seal; and (ii) providing such other and further relief as the 

Court deems reasonable and just. 

Dated: April 21, 2016 Respectfully submitted, 

SANTANDER CONSUMER USA INC. 

By: /s/ James A. Rolfes 

 One of its Attorneys 

Abraham J. Colman 

acolman@reedsmith.com 

REED SMITH LLP 

355 South Grand Ave., Suite 2900 

Los Angeles, CA 90071 

Tel: 213.457.8000 

James A. Rolfes 

jrolfes@reedsmith.com 

Henry Pietrkowski 

hpietrkowski@reedsmith.com 

REED SMITH LLP 

10 South Wacker Dr., 40th Floor 

Chicago, IL 60606 

Tel: 312.207.1000 

Ashley L. Shively 

ashively@reedsmith.com 

REED SMITH LLP 

101 Second St., Suite 1800 

San Francisco, CA 94105 

Tel: 415.659.5695 

Case: 1:11-cv-08987 Document #: 165 Filed: 04/21/16 Page 4 of 6 PageID #:1593
 - 5 - 

Marc A. Lackner 

mlackner@mcguirewoods.com 

David S. Reidy 

dreidy@mcguirewoods.com 

MCGUIREWOODS LLP 

505 Sansome Street, Suite 700 

San Francisco, CA 94111 

Tel: 415.844.9944 

Attorneys for Defendant

 

Case: 1:11-cv-08987 Document #: 165 Filed: 04/21/16 Page 5 of 6 PageID #:1594
 - 6 - 

CERTIFICATE OF SERVICE 

I, James A. Rolfes, state that on April 21, 2016, I electronically filed the foregoing 

UNOPPOSED MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL with the 

Clerk of the Court using the ECF system which will send notification to all parties. 

 /s/ James A. Rolfes 

 James A. Rolfes 

Case: 1:11-cv-08987 Document #: 165 Filed: 04/21/16 Page 6 of 6 PageID #:1595