Arthrex, Inc. v. Parcus Medical, LLC

Filing 89

ORDER denying as moot 76 Defendant Parcus Medical's Motion to File Under Seal Unredacted First Amended Answer and Counterclaims for Limited Purpose of In Camera Inspection and Judicial Determination of Whether Sealing is Appropriate. Signed by Magistrate Judge Sheri Polster Chappell on 9/12/2012. (LMF)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION ARTHREX INC., Plaintiff, v. Case No. 2:11-cv-694-FtM-29SPC PARCUS MEDICAL, LLC, Defendant. ______________________________________/ ORDER This matter comes before the Court on Defendant’s Motion to File Under Seal Unredacted First Amended Answer and Counterclaims for Limited Purpose of In Camera Inspection and Judicial Determination of Whether Sealing is Appropriate (Doc #76). Defendant filed this motion with the Court on August 23, 2012. Six days later, on August 29, 2012, Plaintiff filed an Amended Complaint against Defendant (Doc. #81), thus making the Defendant’s First Amended Answer and Counterclaims (Doc. #66) moot. While the Court will deny the present motion as moot, the Defendant may file a new motion regarding the forthcoming Answer to the Plaintiff’s Amended Complaint with the Court for an in camera review if the Defendant so wishes. At that time, the Court will make a determination as to whether the Answer should be filed under seal, balancing the interests of trade secret protection and the public’s right of access to documents. Accordingly, it is now ORDERED: Defendant Parcus Medical’s Motion to File Under Seal Unredacted First Amended Answer and Counterclaims for Limited Purpose of In Camera Inspection and Judicial Determination of Whether Sealing is Appropriate (Doc. #76) is DENIED as moot. DONE and ORDERED at Fort Myers, Florida, this 12th day of September, 2012 Copies: All Parties of Record

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