IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

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CIVIL ACTION NO. 

3:06-cv-00711-MHT

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

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CIVIL ACTION NO. 

3:06-cv-00728-MHT

DEFENDANT’S UNOPPOSED MOTION 

FOR PROTECTIVE ORDER AND FOR LEAVE TO FILE 

ADMINISTRATIVE RECORD UNDER SEAL 

 Pursuant to Federal Rule of Civil Procedure 26(c), Defendant Skilstaf, 

Inc. (“Skilstaf”) moves for entry of a protective order and for permission to 

file excerpts from the administrative record in paper form under seal. 

Pursuant to the Uniform Scheduling Orders entered by the Court on October 

Case 3:06-cv-00728-MHT-WC Document 35 Filed 01/11/2007 Page 1 of 4
12, 2006 in each of the above-styled cases, a proposed Order in Adobe 

Acrobat PDF format has been attached to this motion as Exhibit 1 and a 

proposed Order in Word format has been electronically transmitted directly 

to the Court’s chambers as an attachment to an email. As grounds for this 

motion, Skilstaf states as follows: 

1. In the above-styled actions, Plaintiffs claim group health care 

coverage under an employee benefit plan governed by the Employee 

Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001-1461 

(“ERISA”). 

2. In deciding Plaintiffs’ administrative claims, an administrative 

record was compiled with several hundred pages, many of which include 

sensitive medical records, financial information, personal identifying 

information, and information protected by the Health Insurance Portability 

and Accountability Act of 1996 (“HIPPA”). 

3. Under the Administrative Procedures adopted by the Middle 

District of Alabama, a party complies with the E-Government Act of 2002 

by moving for leave of court to file conventionally un-redacted documents 

under seal where those documents, like the ones included in the 

administrative record, contain sensitive information. 

Case 3:06-cv-00728-MHT-WC Document 35 Filed 01/11/2007 Page 2 of 4
4. The sensitive nature of the documents contained in this 

administrative record, the absence of public interest in such sensitive 

information, and the burden of redacting such information from several 

hundred pages of documents warrants the filing of un-redacted excerpts 

from the administrative record. 

WHEREFORE, Skilstaf hereby respectfully requests the Court for 

leave to file under seal un-redacted excerpts from the administrative record 

for Plaintiffs’ group health care claims. 

Respectfully Submitted, 

 s/Charles A. Stewart III 

Charles A. Stewart III (STE067) 

Bradley Arant Rose & White LLP

The Alabama Center for Commerce 

401 Adams Avenue, Suite 780 

Montgomery, AL 36104 

Telephone: (334) 956-7700 

Facsimile: (334) 956-7701 

cstewart@bradleyarant.com

 s/Amelia T. Driscoll 

Amelia T. Driscoll (DRI016) 

Bradley Arant Rose & White LLP

1819 Fifth Avenue North 

Birmingham, AL 35203-2104 

Telephone: (205) 521-8000 

Facsimile: (205) 521-8800 

adriscoll@bradleyarant.com

Attorneys for Defendant 

Skilstaf, Inc. 

Case 3:06-cv-00728-MHT-WC Document 35 Filed 01/11/2007 Page 3 of 4
CERTIFICATE OF SERVICE

I hereby certify that on January 11, 2007, I electronically filed the 

foregoing with the Clerk of the Court using the CM/ECF system, which will 

send notification of such filing to the following: 

Robert E. Cole 

437 Chestnut Street, Suite 218 

Philadelphia, PA 19109 

Beth A. Friel 

Jeanne L. Bakker 

Mongtomery, McCracken, Walker & Rhoads 

123 South Broad Street 

Philadelphia, PA 19109 

and I hereby certify that I have mailed by U. S. Postal Service the document 

to the following non-CM/ECF participants: None. 

/s/ Amelia T. Driscoll 

Case 3:06-cv-00728-MHT-WC Document 35 Filed 01/11/2007 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE 

MIDDLE DISTRICT OF ALABAMA 

NORTHERN DIVISION 

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

3:06-cv-00711-MHT

OWEN J. ROGAL, D.D.S., P.C., 

 Plaintiff, 

v. 

SKILSTAF, INC., 

 Defendant. 

)

)

)

)

)

)

)

)

CIVIL ACTION NO. 

3:06-cv-00728-MHT

PROTECTIVE ORDER 

 Pursuant to Federal Rule of Civil Procedure 26(c), and upon 

consideration of Defendant’s Unopposed Motion for Protective Order and 

for Leave to File Administrative Record under Seal, the Court hereby grants 

leave to the parties to file excerpts from the ERISA administrative record 

under seal without redacting sensitive information and without filing a 

Case 3:06-cv-00728-MHT-WC Document 35-2 Filed 01/11/2007 Page 1 of 2
redacted version of the same materials. Such documents filed under seal 

shall remain sealed unless the Court subsequently orders them to be 

unsealed. This order does not rule on what should or should not be 

considered by the Court in deciding the underlying ERISA claims. 

 DONE this ___ day of __________, 2007. 

Myron H. Thompson 

United States District Judge 

Case 3:06-cv-00728-MHT-WC Document 35-2 Filed 01/11/2007 Page 2 of 2