Pepperwood of Naples Condominium Association, Inc. v. Nationwide Mutual Fire Insurance Company

Filing 71

ORDER granting 66 Plaintiff Pepperwood of Naples Condominium Association, Inc.s Motion for Leave to File Under Seal. Plaintiff Pepperwood of Naples Condominium Association, Inc.s request to file the Second Supplemental Expert Report of Charles M. Miller and Supplement Report of Plaintiffs Trial Expert, Peter M. Occhialini under seal in support of its Motion for Leave to File Amended Complaint is GRANTED. The supplemental reports must be filed in sealed envelopes or other appropriate sealed enclosures on which shall be endorsed the title to the action, the words Confidential pursuant to the Courts Mutual Protective Order Regarding Confidentiality (Doc. #49). Signed by Magistrate Judge Sheri Polster Chappell on 6/14/2012. (LMH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

PEPPERWOOD OF NAPLES
CONDOMINIUM ASSOCIATION, INC.,
Plaintiff,
V.

Case No: 2:10-CV-753-FtM-UASPC

NATIONWIDE MUTUAL FIRE
INSURANCE COMPANY,
Defendant.
___________________________________/

ORDER
This matter comes before the Court on the Plaintiff Pepperwood of Naples Condominium
Association, Inc.’s Unopposed Motion for Leave to File Documents Under Seal Pursuant to
Mutual Protective Order Regarding Confidentiality Dated October 24, 2011 (Doc. #66) filed on
May 25, 2012. On October 7, 2011, the Parties filed a Joint Notice of Filing Proposed Mutual
Protective Order (Doc. #48). On October 24, 2012, the Court entered a Protective Order as filed
by the Parties in the Joint Notice (Doc. #49). Plaintiff moves this Court to allow it to file the
Second Supplemental Expert Report of Charles M. Miller and Supplemental Report of Plaintiff’s
Trial Expert, Peter M. Occhialini under seal in support of its Motion for Leave to File Amended
Complaint.
As grounds, Plaintiff states that it intends on filing the Second Supplemental Expert
Report of Charles M. Miller and the Supplemental Report of Plaintiff’s Trial Expert, Peter M.

Occhialini which contain information derived from the review of confidential documentation
produced by Defendant and protected pursuant to the Court’s Order issued on October 24, 2011
(Doc. #49).
The Court’s Mutual Protective Order Regarding Confidentiality (Doc. #49) states under
Confidentiality Provisions in paragraph 8 that:
A party that intends to file with the Court pleadings or other papers containing or
referring to Confidential Information shall take all reasonable steps to have such
matter filed under seal. The parties shall take such steps as are reasonably
necessary to ensure that the papers or relevant portions, as the Court may order,
shall be filed in sealed envelopes or other appropriate sealed enclosures on which
shall be endorsed the title to the action, the words “Confidential”.
The Court finds that Plaintiff has taken reasonable steps to have its supplemental reports filed
under seal. Thus, the Court will allow Plaintiff to file its supplemental reports under seal
pursuant to the Court’s Mutual Protective Order Regarding Confidentiality (Doc. #49).
Accordingly, it is now
ORDERED:
1. Plaintiff Pepperwood of Naples Condominium Association, Inc.’s Motion for
Leave to File Under Seal is GRANTED.
2. Plaintiff Pepperwood of Naples Condominium Association, Inc.’s request to file
the Second Supplemental Expert Report of Charles M. Miller and Supplement
Report of Plaintiff’s Trial Expert, Peter M. Occhialini under seal in support of its
Motion for Leave to File Amended Complaint is GRANTED.
3. The supplemental reports must be filed in sealed envelopes or other appropriate
sealed enclosures on which shall be endorsed the title to the action, the words
“Confidential” pursuant to the Court’s Mutual Protective Order Regarding
Confidentiality (Doc. #49).

DONE and ORDERED in Fort Myers, Florida this 14th day of June, 2012.

Copies: All Parties of Record