1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

SUSAN WOERTH MILLER, et al., 

Plaintiffs, 

v. 

ASTELLAS US LLC, et al., 

Defendants. 

Case No. 1:20-cv-03882 

Hon. Ronald A. Guzman 

Hon. Heather K. McShain 

DEFENDANT AON HEWITT INVESTMENT CONSULTING, INC.’S UNOPPOSED 

MOTION TO SEAL EXHIBIT 9 TO THE DECLARATION OF WILLIAM D. POLLAK 

IN SUPPORT OF AHIC’S MOTION TO STRIKE PLAINTIFFS’ NEWLY REQUESTED 

RELIEF AND FOR LEAVE TO FILE A SUR-REPLY 

Pursuant to Local Rule 26.2, Defendant Aon Hewitt Investment Consulting Inc. (NKA 

Aon Investments USA, Inc.) (“AHIC”), respectfully moves to seal Exhibit 9 to the March 31, 

2021 Declaration of William D. Pollak, Esq. in Support of AHIC’s Motion to Strike Plaintiffs’ 

Newly Requested Relief and for Leave to File a Sur-Reply. As grounds for this unopposed 

Motion, AHIC states as follows: 

1. Exhibit 9 should be filed under seal because it references AHIC’s confidential 

information, including pricing information from only a few months ago, as well as pricing 

information for Fidelity and JP Morgan (both third parties), and has been marked as 

“CONFIDENTIAL,” pursuant to the parties’ Protective Order (ECF No. 60). The disclosure of 

this document could harm AHIC’s business interests and negotiations with clients (or 

prospective clients). 

2. A court may enter an order directing that one or more documents be filed under 

seal upon a showing of “good cause.” Fed. R. Civ. P. 26(c); Hedick v. Kraft Heinz Co., No. 19-

cv-1339, 2019 WL 4958238, at *13 (N.D. Ill. Oct. 8, 2019). It is well established that the 

Case: 1:20-cv-03882 Document #: 93 Filed: 04/01/21 Page 1 of 5 PageID #:2583
2 

presence of confidential business information, such as the pricing information contained in 

Exhibit 9, constitutes good cause. See F.T.C. v. OSF Healthcare Sys., No. 11 C 50344, 2012 WL 

1144620, at *3 (N.D. Ill. Apr. 5, 2012) (“Highly confidential commercial information such as 

pricing information and the process involved in creating a ‘pricing architecture’ can qualify as a 

trade secret. . . . Moreover, where contract terms have economic value and are not generally 

known in the industry they may qualify as a trade secrets.”); see also PepsiCo, Inc. v. 

Redmond, 54 F.3d 1262, 1270 (7th Cir. 1995) (holding that information regarding pricing, 

distribution and marketing constituted trade secret material); Jeffords v. BP Prod. N. Am. Inc., 

No. 2:15-CV-55-TLS-JEM, 2018 WL 527933, at *2 (N.D. Ind. Jan. 24, 2018) (confidential 

terms including “scope of work values and prices, and specific work processes and practices” are 

“sufficient to permit the contracts themselves to be filed under seal”); SmithKline Beecham Corp. 

v. Pentech Pharm., Inc., 261 F.Supp.2d 1002, 1008 (N.D. Ill. 2003) (holding that information 

about terms and conditions of contracts is legitimately confidential information that competitors 

should not have and the public does not need to know to evaluate the judiciary’s handling of the 

litigation). 

3. Moreover, courts routinely find there is good cause to seal documents that have 

been marked as “confidential” pursuant to a protective order. See, e.g., Sunoco Partners Mktg. 

& Terminals L.P. v. U.S. Venture, Inc., No. 15 C 8178, 2018 WL 4699797, at *1 (N.D. Ill. Sept. 

30, 2018); Sri Rangarajan v. Caterpillar Inc., No. 114 CV 01156 SLD JEH, 2017 WL 2332857, 

at *15 (C.D. Ill. Mar. 28, 2017). Sealing also will not harm the public interest, as there is no 

generalized interest of the public to have access to AHIC’s confidential pricing provisions. 

4. AHIC conferred with plaintiffs and Astellas US LLC, the Board of Directors of 

Astellas US LLC, and the Astellas Retirement Plan Administrative Committee prior to filing this 

Case: 1:20-cv-03882 Document #: 93 Filed: 04/01/21 Page 2 of 5 PageID #:2584
3 

motion for sealing. The parties informed AHIC that they do not oppose this request. 

 WHEREFORE, AHIC respectfully requests that this unopposed Motion be granted and 

the Court seal Exhibit 9 to the Declaration of William D. Pollak filed in support of AHIC’s 

Motion for Leave to file a Sur-Reply. 

Dated: April 1, 2021 Respectfully Submitted, 

/s/ Brian D. Boyle 

O’MELVENY & MYERS LLP 

Brian D. Boyle 

Shannon M. Barrett 

1625 Eye Street, NW 

Washington, DC 20006-4001 

Telephone: (202) 383-5300 

Facsimile: (202) 383-5314 

bboyle@omm.com 

sbarrett@omm.com 

Stuart M. Sarnoff (pro hac vice) 

William Pollak (pro hac vice) 

Times Square Tower 

7 Times Square 

New York, NY 10036 

Telephone: (212) 326-2000 

ssarnoff@omm.com 

wpollak@omm.com 

John R. Landis 

FOLEY & LARDNER LLP 

321 North Clark Street, Suite 3000 

Chicago, IL 60654-4762 

Tel: (312) 832–4539 

Attorneys for Aon Hewitt Investment Consulting 

Inc. (NKA Aon Investments USA, Inc.) 

 

Case: 1:20-cv-03882 Document #: 93 Filed: 04/01/21 Page 3 of 5 PageID #:2585
4 

LOCAL RULE 37.2 CERTIFICATION

 On March 31, 2021 at approximately 3:45 PM EST, Mr. William D. Pollak, on behalf of 

Aon Hewitt Investment Consulting Inc., and Mr. Troy Doles, Esq., counsel for plaintiffs, 

conferred by email to discuss the AHIC’s Motion for Leave to File a Sur-Reply and the sealing 

of Exhibit 9 to the Pollak Declaration. On March 31, 2021 at approximately 5:30 PM EST, Mr. 

Pollak and Troy Doles, Esq. conferred by phone to discuss the same. On April 1, 2021, at 

10:30am and 11:44AM, Mr. Doles and Mr. Pollak conferred by email regarding the same. On 

March 31, 2021 at approximately 8:40 PM EST, Mr. Pollak and Matthew Russell, Esq., counsel 

for Astellas US LLC, the Board of Directors of Astellas US LLC, and the Astellas Retirement 

Plan Administrative Committee conferred by email regarding the same. During these email 

exchanges, counsel for plaintiffs and counsel for Astellas US LLC, the Board of Directors of 

Astellas US LLC, and the Astellas Retirement Plan Administrative Committee stated that they do 

not oppose such request for relief. 

/s/ Brian D. Boyle 

Brian D. Boyle 

Attorney for Aon Hewitt Investment Consulting Inc. 

(NKA Aon Investments USA, Inc.) 

 

Case: 1:20-cv-03882 Document #: 93 Filed: 04/01/21 Page 4 of 5 PageID #:2586
5 

CERTIFICATE OF SERVICE 

I, Brian D. Boyle, hereby certify that on April 1, 2021, I electronically filed the foregoing 

DEFENDANT AON HEWITT INVESTMENT CONSULTING, INC.’S MOTION TO SEAL 

EXHIBIT 9 TO THE DECLARATION OF WILLIAM D. POLLAK IN SUPPORT OF ITS 

MOTION TO STRIKE PLAINTIFFS’ NEWLY REQUESTED RELIEF OR FOR LEAVE TO FILE 

A SUR-REPLY using the CM/ECF system, which will send notification of such filing to all 

registered participants. 

/s/ Brian D. Boyle 

Brian D. Boyle 

Attorney for Aon Hewitt Investment Consulting Inc. 

(NKA Aon Investments USA, Inc.) 

Case: 1:20-cv-03882 Document #: 93 Filed: 04/01/21 Page 5 of 5 PageID #:2587