This action arose out of an arbitration proceeding between petitioner, Nationwide Mutual Insurance Company (“Nationwide”), and Respondent R&Q Reinsurance Company (“R&Q”). The arbitration was resolved in Nationwide’s favor and Nationwide filed a petition to enforce the arbitration award. Shortly afterwards, R&Q filed a motion for leave to file a motion for summary judgment under seal. Nationwide objected to the filing of the motion under seal on the grounds that a confidentiality order was never in effect during the arbitration, and in the alternative, R&Q waived compliance with the order by filing documents in the court given the presumption that all documents filed in court will be open to the public.
The court found the latter argument dispositive, concluding that “the public interest in access to court records outweighs any prejudice to R&Q from unsealing its filing.” This decision illustrates the importance of properly documenting and implementing any desired confidentiality restriction. Nationwide Mutual Ins. Co. v. Randall & Quilter Reinsurance Co., Case No. 2:07-cv-0120 (S.D. Ohio Aug. 10, 2007).