Fiddler's Creek, LLC v. Naples Lending Group LC

Filing 355

ORDER granting 347 Plaintiff's Unopposed Motion to Seal Pursuant to Order; granting 348 Plaintiff's Unopposed Motion to Seal Pursuant to Order; granting 354 Third Party Defendant William Reagan's Unopposed Motion to Seal Pursuant to Order. See Order for details. Signed by Magistrate Judge Carol Mirando on 8/2/2016. (ANW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
IN RE: FIDDLER’S CREEK, LLC
FIDDLER’S CREEK, LLC,
Plaintiff,
v.

Case No: 2:14-cv-379-FtM-29CM

NAPLES LENDING GROUP LC
and DANIEL CARTER,
Defendants/Third
Party Plaintiff
AUBREY FERRAO, ANTHONY
DINARDO and WILLIAM
REAGAN,
Third Party Defendants.
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ORDER
Before the Court are Plaintiff's Unopposed Motions to Seal Pursuant to Order
(Docs. 347, 348), filed on July 29, 2016.

Defendants have no objection to the

requested relief. Docs. 347 at 3; 348 at 3. Also before the Court is Third Party
Defendant William Reagan’s Unopposed Motion to Seal Pursuant to Order (Doc. 354),
filed on August 1, 2016. For the reasons set forth below, the motions are granted.
Plaintiff seeks leave to file under seal an un-redacted copy of Plaintiff’s Motion
for Partial Summary Judgment of Liability on Counts I, II, III and IV of the Second
Amended Complaint (Doc. 345). Doc. 347 at 1-2. Plaintiff also seeks leave to file
under seal an un-redacted copy of Counter-Defendant’s and Third-Party Defendants’

Motion for Summary Judgment on Counterclaims and Third Party Claims (Doc. 346).
Doc. 348 at 1-2. Third Party Defendant Reagan seeks leave to file under seal an unredacted copy of his Motion for Summary Judgment on Naples Lending Group, LC’s
Third Party Claims and Memorandum of Law in Support (Doc. 340). Doc. 354 at 2.
As grounds for the motions, Plaintiff and Third Party Defendant Reagan state that
discussions in the motions for summary judgment consist of and/or relate to
documents that were produced in United States Bankruptcy Court adversary
proceedings. Docs. 347 at 2; 348 at 2; 354 at 2. During the adversary proceedings,
U.S. Bankruptcy Judge K. Rodney May entered an Agreed Order and Stipulation
Regarding Confidential and Privileged Information.

Id.; Agreed Order and

Stipulation Regarding Confidential and Privileged Information, In re: Fiddler’s

Creek, LLC, Case. No. 8:11-ap-522-KRM, Doc. No. 141 (Bankr. M.D. Fla. 2013).
Plaintiff and Third Party Defendant Reagan state that some of the discussions in the
motions for summary judgment fall under the protections of the Agreed Order and
Stipulation Regarding Confidential and Privileged Information because the
discussions relate to documents produced in the Adversary Proceeding. Docs. 347 at
2; 348 at 2. Accordingly, motion to seal (Docs. 347, 348, 354) are granted.
ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff’s Unopposed Motion to Seal Pursuant to Order (Doc. 348) is

GRANTED. Plaintiff/Counterclaim-Defendant is permitted to file under seal an un-

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redacted copy of Counter-Defendant’s and Third-Party Defendants’ Motion for
Summary Judgment on Counterclaims and Third Party Claims (Doc. 346).
2.

Plaintiff’s Unopposed Motion to Seal Pursuant to Order (Doc. 347) is

GRANTED. Plaintiff is permitted to file under seal an un-redacted copy of Plaintiff’s
Motion for Partial Summary Judgment of Liability on Counts I, II, III and IV of the
Second Amended Complaint (Doc. 345).
3.

Third Party Defendant William Reagan’s Unopposed Motion to Seal

Pursuant to Order (Doc. 354) is GRANTED. Third Party Defendant William Reagan
is permitted to file under seal an un-redacted copy of Third Party Defendant William
Reagan’s Motion for Summary Judgment on Naples Lending Group, LC’s Third Party
Claims and Memorandum of Law in Support (Doc. 340).
DONE and ORDERED in Fort Myers, Florida on this 2nd day of August, 2016.

Copies:
Counsel of record

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