S.M. v. Hendry County School Board

Filing 38

ORDER granting 36 Plaintiff's Joint Motion to Seal. Counsel may file the proposed documents under seal with the Clerk of Court. Signed by Magistrate Judge Carol Mirando on 6/22/2015. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
S.M. and L.C., individually and on
behalf of L.C. a minor
Plaintiffs,
v.

Case No: 2:14-cv-237-FtM-38CM

HENDRY COUNTY SCHOOL
BOARD,
Defendant.
ORDER
Before the Court is Plaintiff’s Joint Motion to Seal (Doc. 36), filed on June 16,
2015. Plaintiff requests the Court enter an order sealing the 89 exhibits that were
admitted during the final hearing in this matter. Doc. 36 at 1. The exhibits are
educational records of the minor, L.C., as defined under the Family Education Rights
and Privacy Act.

Id.

Plaintiff states that sealing the documents is necessary

because the documents contain confidential information regarding Plaintiff’s medical
and psychological condition as well as educational records. Id. at 2. Plaintiff has
conferred with Defendant who has no opposition to the requested relief.
Pursuant to Local Rule 1.09(a),
[u]nless filing under seal is authorized by statute, rule, or order, a party
seeking to file under seal any paper or other matter in any civil case
shall file and serve a motion, the title of which includes the words
“Motion to Seal” and which includes (i) an identification and description
of each proposed for sealing; (ii) the reason that filing each item is
necessary; (iii) the reason that sealing each item is necessary; (iv) the
reason that a means other than sealing is unavailable or unsatisfactory
to preserve the interest advanced by the movant in support of the seal;

(v) a statement of the proposed duration of the seal; and (vi) a
memorandum of legal authority supporting the seal. The movant shall
not file or otherwise tender to the Clerk any item proposed for sealing
unless the Court has granted the motion required by this section.
M.D. Fla. Rule 1.09(a).
Upon review, the Court finds that Plaintiff has sufficiently identified and
described the documents proposed for sealing and sufficiently explained that filing
the documents under seal is necessary.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Joint Motion to Seal (Doc. 36) is GRANTED.

2.

Counsel may file the proposed documents under seal with the Clerk of

Court.
DONE and ORDERED in Fort Myers, Florida on this 22nd day of June, 2015.

Copies:
Counsel of record

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