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

Filing 418

ORDER granting 413 Plaintiff's Unopposed Motion to Seal Pursuant to Order; granting 414 Plaintiff's Unopposed Motion to Seal Pursuant to Order; granting 415 Plaintiff's Unopposed Motion to Seal Pursuant to Order. Signed by Magistrate Judge Carol Mirando on 9/13/2016. (HJ)

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.
_____________________________________/
ORDER
This matter comes before the Court upon review of Plaintiff's Unopposed
Motions to Seal Pursuant to Order (Docs. 413, 414, 415) filed on September 12, 2016.
Defendants do not oppose the requested relief. Docs. 413, 414, 415. Plaintiff seeks
to file under seal certain un-redacted exhibits to Plaintiff’s Reply to Defendant
Carter’s Opposition to Plaintiff’s Motion for Partial Summary Judgment (Doc. 410),
to Plaintiff’s Reply to Naples Lending’s Response in Opposition to Plaintiff’s Motion
for Partial Summary Judgment (Doc. 411), and to Plaintiff’s Reply in Support of
Motion for Summary Judgment on Counterclaim and Third Party Claims (Doc. 412).

Id.

As grounds for the motions, Plaintiff states that the exhibits consist of and/or
relate to documents that were produced in United States Bankruptcy Court
adversary proceedings. Docs. 413 at 2; 414 at 2; 415 at 2. During the adversary
proceedings, these exhibits were produced pursuant to Judge May’s order and under
the protections of the Agreed Order and Stipulation Regarding Confidential and
Privileged Information. Id. Accordingly, Plaintiff has filed redacted exhibits, but
seeks to file under seal the un-redacted exhibits. Id.
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 document proposed for sealing and sufficiently explained that filing the
document under seal is necessary.

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ACCORDINGLY, it is hereby
ORDERED:
1.

Plaintiff's Unopposed Motion to Seal Pursuant to Order (Doc. 413),

Plaintiff's Unopposed Motion to Seal Pursuant to Order (Doc. 414), and Plaintiff's
Unopposed Motion to Seal Pursuant to Order (Doc. 415) are GRANTED.
2.

Plaintiff is permitted to file under seal un-redacted exhibits to Plaintiff’s

Reply to Defendant Carter’s Opposition to Plaintiff’s Motion for Partial Summary
Judgment (Doc. 410), to Plaintiff’s Reply to Naples Lending’s Response in Opposition
to Plaintiff’s Motion for Partial Summary Judgment (Doc. 411), and to Plaintiff’s
Reply in Support of Motion for Summary Judgment on Counterclaim and Third Party
Claims (Doc. 412).
DONE and ORDERED in Fort Myers, Florida on this 13th day of September,
2016.

Copies:
Counsel of record

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