f! 

i 

'Jonathan M. Korn 

BLANK ROME LLP 

301 Carnegie Center, 3rd Floor 

Princeton, NJ 08540 

(609) 750-7700 

Korn@BlankRome.com 

James N. Benedict (pro hac vice) 

Sean M. Murphy (pro hac vice) 

Robert C. Hora (pro hac vice) 

Andrea G. Hood (pro hac vice) 

Ian E. Browning (pro hac vice) 

MILBANK, TWEED, HADLEY & McCLOY LLP 

1 Chase Manhattan Plaza 

New York, NY 10005 

(212) 530-5000 

Attorneys for Defendants 

AXA Equitable Life Insurance Company and 

AXA Equitable Funds Management Group, LLC 

RECEIVED 

JUN -8 2015 

AT 8:30 M 

WILLIAM T. WALSH 

CLERK 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

:MARY ANN SIVOLELLA, for the use and benefit of 

lthe EQ/Common Stock Index Portfolio, the EQ/Equity 

Growth PLUS Portfolio, the EQ/Equity 500 Index 

Portfolio, the EQ/Large Cap Value PLUS Portfolio, 

the EQ/Global Multi-Sector Equity Portfolio, the 

EQ/Mid Cap Value PLUS Portfolio, the EQ/GAMCO 

Small Company Value, and the EQ/Intermediate 

Government Bond Index Portfolio, 

Plaintiff, 

vs. 

AXA EQUITABLE LIFE INSURANCE COMPANY 

and AXA EQUITABLE FUNDS MANAGEMENT 

. GROUP, LLC, 

Defendants. 

GLENN D. SANFORD, et al., 

Plaintiffs, 

vs. 

AXA EQUITABLE FUNDS MANAGEMENT 

GROUP,LLC, 

Defendant. 

Civil Action No. 3:11-cv-04194 (PGSL~ 

(DEA) 

and 

Civil Action No. 3:13-cv-00312 (PGS) 

(DEA) 

REVISED l¥ROPOSEDJ.ORDER 

REGARDING THE PARTIES' 

RESPECTIVE SEALING MOTIONS 

FILED ELECTRON! CALLY 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 1 of 7 PageID: 11190
WHEREAS, pursuant Local Civil Rule 5.3, Plaintiffs and Defendants AXA Equitable 

Life Insurance Company and AXA Equitable Funds Management Group, LLC ("Defendants") 

(together with Plaintiffs, the "Parties") have filed several motions to seal. [ECF No. 125 

(Sivolella); 1 ECF No. 81 (Sanford) ("Plaintiffs' March 20 Sealing Motion")]; [ECF No. 127 

(Sivolella); ECF No. 83 (Sanford) ("Defendants' March 24 Sealing Motion")]; [ECF No. 132 

(Sivolella) ("Plaintiffs' April6 Sealing Motion")];2 [ECF No. 148 (Sivolella); ECF No. 101 

(Sanford) ("Plaintiffs' May 4 Sealing Motion")] (together, the "Sealing Motions"). 

WHEREAS, on May 20, 2015, after conferring with Defendants, Plaintiffs provided the 

Court with a letter outlining the status of the Parties' respective sealing motions [ECF No. 154 

(Sivolella); ECF No. 105 (Sanford)]. 

WHEREAS, on April6, 2015, in conjunction with Plaintiffs' Opposition to Defendants' 

March 24 Sealing Motion, Plaintiffs also filed a Cross-Motion to Compel Defendants' to review 

Defendants' confidentiality designations relating to certain deposition transcripts and deposition 

exhibits ("Plaintiffs' April6 Cross-Motion to Compel") [ECF No. 131, 131-1 (Sivolella)].3 

Subsequently, on May 26, 2006, Plaintiffs notified the Court that Plaintiffs' April 6 CrossMotion to Compel is now moot. [ECF No. 155 (Sivolella); ECF No. 106 (Sanford)]. 

1 All references to docket entries take the form "ECF No. ." Parallel docket entries for both the 

Sivolella (3: 11-cv-04194 ) and Sanford (3: 13-cv-00312) dockets are included for convenience. 

2 A corresponding filing was not made in the Sanford docket. 

3 A corresponding filing was not made in the Sanford docket. 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 2 of 7 PageID: 11191
~I The Court, having considered the Parties' respective submissions concerning the various 

Sealing Motions, makes the following findings and orders with respect to each Sealing Motion: 

This ~t-h day of ,)\)"e.. , 2015, 

IT IS HEREBY ORDERED that Plaintiffs' March 20 Sealing Motion [ECF No. 125 

(Sivolella); ECF No. 81 (Sanford)] is GRANTED IN PART AND DENIED AS MOOT IN 

PART. 

1) Exhibits TTTTTT and VVVVVV to the March 20, 2015 Declaration of Arnold C. 

,_ 

Lakind ("March 20 Lakind Declaration") [ECF No. 124-3 (Sivolella); ECF No. 80-3 

(Sanford)] and Exhibit I to the March 20, 2015 Declaration of DanielS. Sweetser 

("March 20 Sweetser Declaration") [ECF No. 118-1 (Sivolella); ECF No. 70-1 

(Sanford)] shall remain SEALED. Defendants have shown good cause to seal these 

exhibits containing non-public profitability and cost information relating to mutual 

funds that are not at issue in this litigation. 

a. Exhibits TTTTTT and VVVVVV to the March 20 Lakind Declaration were 

filed as a single docket entry with other exhibits [ECF No. 124-10 (Sivolella) 

and ECF No. 80-10 (Sanford)]. Exhibit I to the March 20 Sweetser 

Declaration was also filed in a single docket entry with other exhibits [ECF 

No. 118-3 (Sivolella); ECF No. 70-3 (Sanford)]. 

2) Exhibits 1-3 to the April6 Declaration of Robert C. Hora ("April6 Hora 

Declaration") [ECF No. 130-2 (Sivolella); ECF No. 86-2 (Sanford)] SHALL 

REMAIN PUBLIC; the non-public profitability and cost information redacted from 

Exhibits 1-3, for which Defendants have shown good cause to redact, shall 

REMAIN REDACTED. 

2 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 3 of 7 PageID: 11192
II 3) All other filings made in connection with Plaintiffs' March 20 Sealing Motion shall 

be UNSEALED. [ECF No. 117 (Sivolella); ECF No. 69 (Sanford)]; [ECF No. 118 

(Sivolella); ECF No. 70 (Sanford)]; [ECF No. 119 (Sivolella); ECF No. 71 

(Sanford)]; [ECF No. 123 (Sivolella); ECF No. 78 (Sanford)]; [ECF No. 124 

(Sivolella); ECF No. 80 (Sanford)]. 

IT IS FURTHER ORDERED that Defendants' March 24 Sealing Motion [ECF No. 

127 (Sivolella); ECF No. 83 (Sanford)] is GRANTED. 

1) Exhibits LL and RR to the January 23,2015 Declaration of Arnold C. Lakind [ECF 

No. 59-3] (Sanford)], and Exhibit D to the January 23, 2015 Declaration of Mark A. 

Fisher [ECF No. 110-3 (Sivolella); ECF No. 62-2 (Sanford)], which contain nonpublic profitability and cost information relating to mutual funds that are not at issue 

in this litigation, for which Defendants have shown good cause to seal, SHALL 

REMAIN SEALED. 

2) Exhibits 4, 5 and 8 to the March 24, 2015 Declaration of Robert C. Hora ("March 24 

Hora Declaration") [ECF No. 127-4 (Declaration), 127-5 (Exhibits) (Sivolella); ECF 

No. 83-4 (Declaration), 83-5 (Exhibits) (Sanford)], which also contain non-public 

profitability and cost information relating to mutual funds that are not at issue in this 

litigation, for which Defendants have shown good cause to seal, SHALL REMAIN 

SEALED. Exhibits 6, 7 and 9 to the March 24 Hora Declaration [ECF No. 127-4 

(Declaration), 127-5 (Exhibits) (Sivolella); ECF No. 83-4 (Declaration), 83-5 

(Exhibits) (Sanford)] ARE UNSEALED; the information redacted from Exhibits 6, 

7 and 9, however, SHALL REMAIN REDACTED. 

3 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 4 of 7 PageID: 11193
. ' 

IT IS FURTHER ORDERED that Plaintiffs' April 6 Cross-Motion to Compel [ECF 

No. 131, 131-1 (Sivolella)t is DENIED AS MOOT because on May 26, 20I5, Plaintiffs 

notified the Court that Plaintiffs accepted Defendants' confidentiality review proposal, rendering 

Plaintiffs' Cross-Motion to Compel moot. [ECF No. 155 (Sivolella); ECF No. 106 (Sanford)]. 

IT IS FURTHER ORDERED that Plaintiffs' April6 Sealing Motion [ECF No.132 

(Sivolella)] 5 is DENIED AS MOOT. 

I) Plaintiffs' April6 Sealing Motion is denied as moot because (I) Defendants have 

agreed to withdraw their confidentiality designations over the materials to which the 

Motion relates [ECF No. 138 (Sivolella); ECF No. 91 (Sanford)], and (2) the Parties 

informed the Court on May 20, 20 I5 that the April 6 Sealing Motion is withdrawn. 

[ECF No. 154 (Sivolella); ECF No. 105 (Sanford)]. 

2) Therefore, Exhibits L, N, P, R, S, X and Z to the April6 Lakind Declaration [ECF 

No. 131-2 (Declaration), 131-4 (Exhibits Land N only), 131-5 (Exhibhs P, RandS 

only), 131-6 (Exhibits X and Z only) (Sivolella)t and the redacted references to 

these exhibits contained in Plaintiffs' Opposition and Cross Motion to Compel [ECF 

No. 131] SHALL BE UNSEALED. 

IT IS FURTHER ORDERED that Plaintiffs' May 4 Sealing Motion [ECF No.148 

(Sivolella); ECF No. 101 (Sanford)] is GRANTED IN PART AND DENIED AS MOOT IN 

PART. 

I) Plaintiffs' May 4 Sealing Motion related to (I) certain materials previously 

designated "Confidential" by Defendants, and (2) certain documents obtained from 

4 A corresponding filing was not made in the Sanford docket. 

5 A corresponding filing was not made in the Sanford docket. 

6 A corresponding filing was not made in the Sanford docket. 

4 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 5 of 7 PageID: 11194
I t 

non-party Hartford Financial Services, LLC ("Hartford") that were designated 

"Confidential" in a lawsuit captioned Kasliag v. Hartford Investment Financial 

Services, LLC, No. 11-cv-01083 (RMB) (KMW) (the "Hartford Litigation"). An 

amendment to the confidentiality order in the Hartford Litigation, so-ordered by 

Magistrate Judge Williams in that action on April22, 2015, permitted Plaintiffs to 

use these Hartford Litigation documents in the case at bar on the condition that they 

be filed under seal [ECF No. 139 (Hartford docket)]. 

2) Plaintiffs' May 4 Sealing Motion is denied as moot to the extent that Plaintiffs' May 

4 Sealing Motion addresses Defendants' confidentiality designations. Defendants 

agreed to no longer assert confidentiality over the materials to which it relates [ECF 

No. 151 (Sivolella); ECF No. 103 (Sanford)]: Exhibit 2 to the May 4, 2015 

Declaration of DanielS. Sweetser [ECF No. 147-1 (Sivolella); ECF No. 98 

(Sanford)] and Exhibits 6, 9 and 15 to the May 4, 2015 Supplemental Declaration of 

Arnold Lakind [ECF No. 98-1 (Declaration), 98-2 (Exhibits 6 and 9 only), 98-3 

(Exhibit 15 only) (Sanford)]. The aforementioned exhibits shall ther~fore be 

UNSEALED. 

3) Plaintiffs' May 4 Sealing Motion is GRANTED to the extent that it seeks to 

maintain the Hartford Litigation documents under seal. The Court agrees with the 

Parties ([ECF No. 154 (Sivolella); ECF No. 105 (Sanford)]) that the Hartford 

Litigation documents filed by Plaintiffs on May 4, 2015 (Exhibit 3 to the May 4, 

2015 Supplemental Declaration of Arnold C. Lakind, contained within [ECF No. 98-

2 (Sanford)]) shall remain SEALED. 

5 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 6 of 7 PageID: 11195
4) All redacted text on pages 1 0 and 23 of Plaintiffs' redacted April 6, 2015 "Reply 

Brief in Further Support of Motion For Summary Judgment With Regard to Fees 

Charged to the Core Bond Index Fund" [ECF No. 98], which references the Hartford 

Litigation documents, shall also remain SEALED. 

future r::u::t~::~a~R ORDERED that nothing herein shal~g· concerning 

The Hon. Douglas &.-t(rpert, U.S.M.J. 

6 

Case 3:11-cv-04194-PGS-DEA Document 158 Filed 06/08/15 Page 7 of 7 PageID: 11196